Madras High CourtWP(MD)/10254/2022disposed of

Subbiah.R v. The Tahsildar

2022-05-20Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.05.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.10254 of 2022 R.Subbiah ... Petitioner Vs

1. The Tahsildar, Radhapuram Taluk, Tirunelveli.

2. The Taluk Surveyor, Radhapuram Taluk, Tirunelveli.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to survey and sub-divide the land in S.Nos.650B/1A, 652/1 and 684/1, situated at Radhapuram Taluk, Tirunelveli District and fix the boundary by considering the petitioner's application, vide payment of Challan dated 25.10.2021 within the time fixed by this Court.

For Petitioner : Mr.H.Arumugam For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the first and second respondents to survey and subdivide the petitioner's land measuring 3.70 Acre and 1.66 Acre in Survey Nos.650B/1A, 652/1 & 684/1, Radhapuram Taluk, Tirunelveli District.

2.The petitioner has submitted an application to the respondents on 25.10.2021, seeking for survey and subdivision in respect of the aforementioned property which he claims that it belongs to him absolutely. Since the said application has not been considered till date, this writ petition has been filed. 3.Heard Mr.H.Arumugam, learned Counsel for the writ petitioner and Mrs.D.Farjana Ghoushia, learned Special Government Pleader who accepts notice on behalf of the respondents.

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4.The petitioner has produced documents in support of his case that he is the owner of the aforementioned property. He has sought for a survey and subdivision in respect of the aforementioned property by the appointment of a Surveyor and the petitioner has given an application on 25.10.2021 for the said purpose. 5.No prejudice would be caused to the respondents, if the application of the petitioner seeking survey and subdivision of the property is considered after due notice to the petitioner and any other necessary party, whom the respondents deem fit to put on notice at the time of survey, in accordance with law. 6.Accordingly, this Court directs the first respondent to survey and fix the boundaries of the petitioner's property measuring 3.70 Acre and 1.66 Acre in Survey Nos.

650B/1A, 652/1 and 684/1, Radhapuram Taluk, Tirunelveli District, with the assistance of the second respondent after giving notice to the petitioner and any other necessary party, whom the first respondent deems fit to put on notice at the time of survey within a period of twelve [12] weeks from the date of receipt of a copy of this order. Insofar as the second limb of the prayer is concerned, i.e., to subdivide the petitioner's property, the first respondent is directed to consider the petitioner's application within a period of eight (8) weeks thereafter. 7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Vacation Officer.

// True Copy // / /2022 Sub Assistant Registrar(CS) pkn To

1. The Tahsildar, Radhapuram Taluk, Tirunelveli.

2. The Taluk Surveyor, Radhapuram Taluk, Tirunelveli.

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+1 CC to M/s.H.ARUMUGAM, Advocate ( SR-24102[F] dated 23/05/2022 ) +1 CC to M/s.SPL.GOVERNMENT PLEADER ( SR-24078[F] dated 23/05/2022 ) W.P.(MD)No.10254 of 2022 20.05.2022 SP/01/06/2022/3P/5C 3/3