Chellamuthu v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Chellamuthu ... Petitioner Vs.

1.The Thasildar Oddanchathiram Taluk, Dindigul District.

2.The Taluk Surveyor Oddanchathiram Taluk, Dindigul District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to survey and marked the boundaries of the property in survey Nos.335/6I, 336/1B1, 337/4A, 335/6H, 336/1B2 and 336/1B3 of K.Keeranur Village, Oddanchathiram Taluk, Dindigul District, by considering the representation of the petitioner dated 07.01.2023. 1/5

For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.J.Ashok Additional Government Pleader

O R D E R

The writ petition has been filed in the nature of a Mandamus seeking a direction against the respondents / Tahsildar, Oddanchatiram Taluk, Dindigul District and Taluk Surveyor, Oddanchatiram Taluk, Dindigul District, to survey and mark the boundaries of the lands in Survey Nos.335/6I, 336/1B1, 337/4A, 335/6H, 336/1B2 and 336/1B3 of K.Keeranur Village, Oddanchatiram Taluk, Dindigul District. The petitioner had given a representation on 07.01.2023 and had also paid the necessary charges.

2. In the affidavit filed in support of the writ petition, it had been stated that the father of the petitioner had purchased the aforementioned lands by a document dated 23.09.1996 and registered as Document No.1686 of 1996 before the Sub Registrar Office, Oddanchatiram. The petitioner claims to be in possession. Patta No.229 had also been issued to the petitioner. The name had also been mutated 2/5

in the revenue records. Thereafter, on 18.08.2004 the father of the petitioner had executed a settlement deed in favour of the petitioner herein with respect to aforementioned lands. This document was also registered as document No.611 of 2004 before the Sub Registrar Office, Oddanchatiram. The petitioner had given aforementioned representation for survey of the land.

3. A direction is given to the respondents to issue notice to the petitioner, to examine the document of the petitioner and then, if there are no other impediments, proceed to conduct survey and demarcate the lands. The entire exercise must be completed within a period of eight weeks from the date of receipt of a copy of this order.

4. With the above directions, the Writ Petition stands disposed of. No costs.

25.04.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No RM 3/5

To 1.The Thasildar Oddanchathiram Taluk, Dindigul District.

2.The Taluk Surveyor Oddanchathiram Taluk, Dindigul District.

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C.V.KARTHIKEYAN, J.

RM 25.04.2023 5/5