Madras High CourtWP(MD)/10765/2021disposed of

Alagu Sundarapandian v. The Tahsildar

2021-06-29Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD).No.10765 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.10765 of 2021 Alagu Sundarapandian ... Petitioner Vs.

1.The Tahsildar, Thiruchuli Taluk, Virudhunagar District.

2.The Head Surveyor, Thiruchuli Taluk, Virudhunagar District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, to direct the respondents to survey the petitioner's land in Survey No.241/1 with an extent of 0.24.00 hectars situated at Velayurani Village, Thiruchuli Taluk, Virudhunagar District based on the petitioner's application, dated 16.03.2020.

For Petitioner : Ms.V.Jeyarani For Respondents : Mr.M.Lingadurai, Government Advocate

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents to consider the application given by the petitioner on 16.03.2020, wherein, the petitioner has sought for the survey of the subject property and for fixing the boundaries.

2. The learned Government Advocate appearing on behalf of the respondents submitted that the application given by the petitioner was taken on file and when a spot inspection was made, it was found that the entire place is covered by thorny bushes. The learned Government Advocate further submitted that unless these bushes are removed, it will not be possible to conduct the survey.

3. In the reply to the said submission, the learned counsel appearing for the petitioner states that the petitioner will https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.10765 of 2021 immediately take steps to remove the bushes and thereafter, the respondents can conduct the survey.

4. Taking into consideration the facts and circumstances of the case and the submissions made on either side, there shall be a direction to the petitioner to remove the thorny bushes from the subject property and inform the same to the first respondent. Immediately thereafter, the first respondent shall conduct a survey in the subject property based on the documents submitted by the petitioner and this process shall be completed by the respondents within a period of four (4) weeks from the date on which the petitioner informs the respondents that the thorny bushes have been removed.

5. This Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg 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, Thiruchuli Taluk, Virudhunagar District.

2.The Head Surveyor, Thiruchuli Taluk, Virudhunagar District.

+1 CC to M/s.V.JEYARANI, Advocate ( SR-20519[F] dated 29/06/2021 ) +1 CC to M/s.SPL GP ( SR-20733[F] dated 30/06/2021 ) W.P.(MD).No.10765 of 2021 29.06.2021 KB(07.07.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2