Madras High CourtWP(MD)/10998/2021disposed of

Chinnakaruppan v. The Tahsildar

2021-07-05Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD)No.10998 of 2021 Chinnakaruppan v. The Tahsildar BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 05.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.10998 of 2021 (Through Video Conferencing) Chinnakaruppan ... Petitioner Vs.

1.The Tahsildar Vadipatti Taluk Vadipatti Madurai District.

2.The Taluk Surveyor Vadipatti Taluk Vadipatti Madurai District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents to survey and demarcate the petitioner's landed properties to an extent of 0.39.50 Ares comprised in Survey Nos.163/7H, 166/6, 167/13B, 176/2A, 176/3D and 176/9F situated at Vavidaimaruthur village, Vadipatti Taluk, Madurai District on the basis of his application dated 19.05.2021 after giving necessary opportunity to the parties concerned within the time frame as fixed by this Court.

For Petitioner :Mr.J.LAwrance 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 submitted by the petitioner on 19.05.2021, wherein, the petitioner has sought for the survey and demarcation of the subject property.

2. The case of the petitioner is that the subject property was inherited by him from his father and he has also been issued a patta in Patta No.260 by the first respondent. The further case of the petitioner is that he made an application on 19.05.2021 seeking for the survey of the subject property and for demarcation and fixing of the boundaries. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions.

3. Heard the learned counsel for the petitioner and the learned https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.10998 of 2021 Chinnakaruppan v. The Tahsildar Government Advocate for the respondents.

4. 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 consider the application submitted by the petitioner on 19.05.2021 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, notice shall also be issued to them before undertaking the survey.

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

6. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) RR 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 Vadipatti Taluk Vadipatti,Madurai District.

2.The Taluk Surveyor Vadipatti Taluk Vadipatti, Madurai District.

+1 CC to M/s.J.LAWRANCE, Advocate ( SR-21142[F] dated 05/07/2021 ) +1 CC to M/s.SPL GP ( SR-21513[F] dated 07/07/2021 ) W.P.(MD)No.10998 of 2021 05.07.2021 CN(13.07.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2