Meena v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Meena ... Petitioner Vs.

1.The Tahsildar, Peraiyur, Madurai District.

2.The Taluk Surveyor, Peraiyur, Madurai District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus directing the Respondents to conduct survey in the petitioner's property in S.F.No.148/1B4B and 148/2A2 for an extent of 0.11.25 Hectare and 0.63.50 Hectare for an total extent of 1 Acre 85 Cents situated at A.Kottaipatti Village and Post, Peraiyur Taluk, Madurai District, on the basis of Petitioners application dated 22.02.2021, within time frame fixed by this Hon'ble court.

For Petitioner : Mr.T.Vadivelan For Respondents : Mr.M.Lingadurai, Government Advocate (Civil)

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the respondents to consider the application submitted by the petitioner on 22.02.2021, wherein, the petitioner has sought for survey of the subject property and for fixing the boundaries.

2. The case of the petitioner is that she had purchased the subject property through a registered sale deed dated 06.07.2015, which was registered as Document No.1213 of 2015. The further case of the petitioner is that the revenue records were also mutated in her name and patta was issued in her favour in patta Nos.1894 and 1739.

3. The petitioner wanted to conduct a survey in the subject property and hence, she made an application before the first 1/3

respondent. It is stated that necessary charges were also paid and the first respondent had also collected the relevant documents in order to take a decision regarding conducting a survey in the subject property. Since there was no progress, the present Writ Petition has been filed before this Court seeking for appropriate directions.

4. Heard Mr.T.Vadivelan, learned counsel appearing on behalf of the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing on behalf of the respondents.

5. 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 respondents to act upon the application submitted by the petitioner on 22.02.2021 and take a decision with regard to survey of the subject property and for fixing the boundaries within a period of four (4) weeks from the date of receipt of a copy of this order. If there are any other interested parties, notice shall also be issued to them before undertaking the survey.

6. The petitioner is directed to make a fresh representation to the respondents along with all the relevant documents and also a copy of this order.

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

Sd/- Assistant Registrar (CS III) // 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, Peraiyur, Madurai District.

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2.The Taluk Surveyor, Peraiyur, Madurai District.

+1 CC to M/s.SPL GP ( SR-20734[F] dated 30/06/2021 ) Order made in Dated :

29.06.2021 AS (07.07.2021) 3P 4C 3/3