Madras High CourtWP(MD)/10548/2020disposed of

V.Muniyammal v. The Tahsildar

2020-09-01Honourable Mr Justice D. Krishnakumar2 pages

W.P.(MD)No.10548 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :01.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.10548 of 2020 V.Muniyammal

...Petitioner

Vs 1.The Tahsildar, Peraiyur Taluk, Madurai District.

2.The Firka Surveyor, Aththipatti Firka, Peraiyur Taluk, Madurai District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to survey, demarcate and determine the boundary of the petitioner's property to the extent of 21 cents situated vide Patta No.2030 in Survey No.65/12B, Pappinaickenpatti, Peraiyur Taluk, Madurai District by considering her application dated 23.07.2020 within a specific period as fixed by this Court.

For Petitioner : Mr.S.Balaji For Respondents : Mr.C.Ramesh, Special Government Pleader

ORDER

This Writ Petition is filed seeking for a direction, to direct the respondents to survey, demarcate and determine the boundary of the petitioner's property to an extent of 21 cents situated vide Patta No.2030 in Survey No.65/12B, Pappinaickenpatti, Peraiyur Taluk, Madurai District, based on the representation dated 23.07.2020.

2. The learned counsel appearing for the petitioner would submit that the petitioner purchased the property measuring to an extent of 21 cents in Survey No.65/12B, situated at Pappinaickenpatti, Peraiyur Taluk, Madurai District from one V.Muniyandi through the sale deed dated 17.09.2003. The same was registered at the Sub-Registrar Office, Elumalai, Madurai District vide Document No.751/2003. The petitioner is also having patta No.2030 granted in his favour. Therefore, he is in possession and enjoyment of the said property. The petitioner wants to survey and demarcate the petition mentioned property. In this regard, the petitioner approached the first respondent on 23.07.2020. So far no steps has been taken. Hence, the petitioner filed this present Writ Petition.

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W.P.(MD)No.10548 of 2020 3.The learned Special Government Pleader appearing for the respondents submitted that the petitioner's representation dated 23.07.2020 would be considered on merits and in accordance with law, at the earliest.

4. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents. 5.Considering the submissions made on either side, this Court, without expressing any opinion on the merits of the case, directs the Tahsildar, Peraiyur Taluk, Madurai District/ first respondent to consider the petitioner's representation dated 23.07.2020 and pass appropriate orders on merits and in accordance with law, by affording due opportunity of hearing to the petitioner as well as the interested parties, if any. The aforesaid exercise shall be completed within a period of eight (08) weeks from the date of receipt of a copy of this order. Accordingly, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) das 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 Taluk, Madurai District.

2.The Firka Surveyor, Aththipatti Firka, Peraiyur Taluk, Madurai District.

+1 CC to M/s.SPL GP ( SR-15671[F] dated 02/09/2020 ) W.P.(MD) No.10548 of 2020 01.09.2020 AC(CO) KB(22.09.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2