Madras High CourtWP(MD)/9695/2022disposed of

Subbiah K v. The Thasildar

2022-09-15Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.9695 of 2022 K.Subbiah .. Petitioner

Versus

1.The Thasildar, Vedasandhur Taluk, Dindigul District.

2.The Surveyor, Vedasandhur, Dindigul District.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to survey the properties of the petitioner in S.Nos.623/1A, 623/1B, 622, 624/1A, 624/1B, 629/2, 634/1C, 635/1A, 636/2, 638/1A, 638/1B, 638/4A1, 674/1C and 674/2A in Patta No.118, situated at Thennampatti, Vedasandhur Taluk, Dindigul District and to demarcate the four boundaries, by considering petitioner's representation dated 27.05.2019, within the time frame fixed by this Court. For Petitioner :

Mr.A.Mohamed Riyaz For Respondents :

Mr.D.Gandhiraj Special Government Pleader 1/4

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the respondents to survey his properties in S.Nos.623/1A, 623/1B, 622, 624/1A, 624/1B, 629/2, 634/1C, 635/1A, 636/2, 638/1A, 638/1B, 638/4A1, 674/1C and 674/2A in Patta No.118, situated at Thennampatti, Vedasandhur Taluk, Dindigul District and to demarcate the four boundaries, by considering his representation dated 27.05.2019, within the time frame fixed by this Court. 2.The learned counsel for the petitioner submits that the aforesaid lands are the petitioner's ancestors' properties and by way of partition, he got the said properties. After partition, the petitioner and his family members are jointly enjoying the properties. The petitioner gave representation to the first respondent for survey the lands on 27.05.2019 and also paid requisite fees for the same, but till date, no steps have been taken to survey the lands. Thereafter, the petitioner sent another representation on 17.09.2021 along with requisite fees and in spite of repeated requests, no action has been taken. Hence, the present Writ Petition.

3.Mr.D.Gandhiraj, learned Special Government Pleader appearing for the respondents would submit that the respondents will take necessary action to survey the properties of the petitioner, within the time fixed by this Court. 2/4

4.In view of the above submission, this Court directs the second respondent/Surveyor, Vedasandhur, Dindigul District, to take necessary action to survey the properties of the petitioner in S.Nos.623/1A, 623/1B, 622, 624/1A, 624/1B, 629/2, 634/1C, 635/1A, 636/2, 638/1A, 638/1B, 638/4A1, 674/1C and 674/2A in Patta No.118, situated at Thennampatti, Vedasandhur Taluk, Dindigul District, and fix the four boundaries of the said properties based on his representation, dated 27.05.2019, after affording an opportunity of hearing to the parties concerned, within a period of eight weeks from the date of receipt of a copy of this order.

5.With the above direction, the Writ Petition stands disposed of. No costs.

15.09.2022 Index : Yes/No smn2 To 1.The Thasildar, Vedasandhur Taluk, Dindigul District.

2.The Surveyor, Vedasandhur, Dindigul District.

3/4

V.BHAVANI SUBBAROYAN, J.

smn2 Order made in W.P.(MD) No.9695 of 2022 15.09.2022 4/4