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Madras High CourtWP(MD)/9167/2023disposed of

Muthuselvakumar.K v. The Tahsildar

2023-04-20Honourable Mr Justice C.V. Karthikeyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN K.Muthuselvakumar ... Petitioner Vs.

1.The Tahsildar Oddanchatram Taluk, Dindigul District.

2.The Surveyor Oddanchatram Taluk, Dindigul District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to survey the land bearing S.Nos.927/4A and 926/1A of the Kallimandayam Village of Oddanchatram Taluk, and fix the boundary stone therein.

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For Petitioner : Mr.K.K.Samy For Respondents : Mr.D.S.Nedunchezhian, Government Advocate

O R D E R

The writ petition has been filed in the nature of a Mandamus seeking a direction against the respondents/ Tahsidlar and Surveyor, Oddanchatram Taluk, Dindigul District, to survey the lands bearing Survey Nos.927/4A and 926/1A at Kallimandayam Village, Oddanchatram Taluk and fix the boundary stones.

2. In the affidavit filed in support of the writ petition, it had been stated that the petitioner had purchased the said lands which totally measuring 1.13.0 Hectares (2 Acres and 79 Cents) in Survey No.927/4A and 0.27.00 Hectares (0 Acre and 67 cents) in Survey No.926/1. It had been stated that when survey was conducted the adjacent land owners, had raised objections. The petitioner had made necessary payment on 11.04.2023. The second respondent had fixed the date of survey on 2/5

27.02.2022. But, since there was an objection, the survey could not be conducted.

3. A direction is given to the respondents to issue notice to the adjacent land owners and if there are objections, to note the objections and give reasons for not conducting survey. But however, endeavour may be made to conduct survey based on the records available and on the documents presented by the petitioner herein. The entire exercise must be completed within a period of eight weeks from the date of receipt of a copy of this order.

4. With the above directions, the Writ Petition stands disposed of. No costs.

20.04.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No RM 3/5

To 1.The Tahsildar Oddanchatram Taluk, Dindigul District.

2.The Surveyor Oddanchatram Taluk, Dindigul District.

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C.V.KARTHIKEYAN, J.

RM 20.04.2023 5/5