Ramachandran.T v. The Tashildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH T.Ramachandran ... Petitioner Vs.

1.The Tahsildar, 2.The Head Surveyor, ... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to Survey land and fixed boundaries in S.F.No.38/1, 40/3, 40/2 to extent 0.10 cents, 0.103 cents, 0.94 cents, and S.F.No.38/12 to the extent 0.19 situated in Keeramangalam, Lalgudi Taluk, Trichy District and considered the petitioner's representation, dated 02.03.2021.

For Petitioner : Mr.S.Krishanan For Respondents : Mr.R.Sureshkumar Government Advocate

ORDER

This writ petition has been filed for the issuance of the Writ of Mandamus directing the respondents to consider the representation made by the petitioner, on 02.03.2021, wherein, the petitioner has sought for the survey of the subject property and for fixing the boundaries.

2.The case of the petitioner is that the subject property originally belonged to his grandfather and thereafter, it devolved upon the father of the petitioner. The father of the petitioner applied for patta before the Revenue Divisional Officer and through proceedings, dated 30.03.1974, rayatwari patta was issued in the name of the father of the petitioner with respect to the subject property.

3.It is stated that the father of petitioner expired on 31.05.1999, leaving behind the petitioner and the other legal heirs. An application was made before the Tahsildar for mutation of Revenue Records and accordingly, a fresh patta was issued in patta No.58. 4.The petitioner wanted a survey to be conducted in the subject 1/3

property and accordingly, he made an application before the second respondent on 15.07.2019. The necessary charges were also paid on 11.11.2020 and a challon was also issued. The grievance of the petitioner is that the survey has not been conducted till date and left with no other option, the present writ petition has been filed before this Court, seeking appropriate directions. 5.Heard Mr.S.Krishanan, learned counsel appearing for the petitioner and Mr.R.Sureshkumar, learned Government Advocate appearing for the respondents.

6.Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the second respondent to act upon the application submitted by the petitioner on 15.07.2019 and the subsequent representation made by the petitioner on 02.03.2021 and take a decision with regard to the survey of the subject property, within a period of four weeks from the date of receipt of a copy of this order. If there are any other interested parties, they shall also be put on notice before undertaking the survey. 7.The petitioner is directed to make a fresh representation to the second respondent along with all relevant documents and also a copy of this order. A copy of the representation was also be marked to the first respondent.

8.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) TM NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Tahsildar, 2/3

2.The Head Surveyor, +1 CC to M/s.SPL GP ( SR-20323[F] dated 25/06/2021 ) 24.06.2021 KK(01.07.2021) 3P 4C 3/3