Raja.K v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 05.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.11000 of 2021 (Through Video Conferencing) K.Raja ... Petitioner Vs.

1.The Tahsildar Aundipatti Taluk 2.The Taluk Surveyor Taluk Office, Aundipatty Taluk 3.The Inspector of Police, Kandamanur Police Station, ... 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 1 & 2 to survey and demarcate the petitioner's properties comprised in Survey Nos.424/3B, 424/4, 437/3B, 437/2A, situated at Vallalnathi Village, Aundipatty Taluk, Theni District by considering the petitioner's representation dated 18.01.2021 submitted to the respondents within the time frame that may be fixed by this Court.

For Petitioner :Mr.S.Mandhira Lingeswaran For Respondents :Mr.R.Suresh Kumar Government Advocate

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to consider the representation made by the petitioner on 18.01.2021, wherein the petitioner has sought for the survey and demarcation of the subject property.

2. The case of the petitioner is that he is the owner of the subject property and already a patta has been granted in his name in Patta No.3482. The petitioner wanted to conduct a survey in the subject property for demarcating the property. Hence, an 1/3

application was made by the petitioner before the respondents on 18.01.2021 and the necessary fees was also paid. The grievance of the petitioner is that the application has not been acted upon and hence, left with no other alternative, 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 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 act upon the application submitted by the petitioner on 18.01.2021 and take a decision with regard to the survey and demarcation of the subject property within a period of six 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 II) // 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 Aundipatti Taluk 2/3

2.The Taluk Surveyor Taluk Office, Aundipatty Taluk 3.The Inspector of Police, Kandamanur Police Station, +1 CC to M/s.SPL GP ( SR-21335[F] dated 06/07/2021 ) W.P.(MD)No.11000 of 2021 05.07.2021 MGJ (13.11.2020) 3P-5C 3/3