Madras High CourtWP(MD)/9564/2023disposed of

Karunanithi v. The Thasildar

2023-04-24Honourable Mr Justice C.V. Karthikeyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.9564 of 2023 Karunanithi ... Petitioner Vs

1. The Tahsildar, Taluk Office, Keelakarai, Keelakarai Taluk, Ramanathapuram District.

2. The Surveyor, Office at Taluk Office of Keelakarai, Keelakarai, Keelakarai Taluk, Ramanathapuram District.

... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to survey and fix the four boundaries of the petitioners property bearing Survey No.68/4B comprising patta No.394, to an extend of 2556 1/2 cents in Nalluirukkai Group and Village, Keelakarai Taluk, Ramanathapuram District. For Petitioner :Mr.J.M.Hassanul Bazari For R1,R2 :Mr.J.Ashok Additional Government Pleader 1/4

ORDER

The writ petition had been filed in the nature of a mandamus, seeking a direction against the respondents/Tahsildar and Surveyor of Keelakarai Taluk, Ramanathapuram District, to survey and fix the four boundaries of the petitioner's property bearing Survey No.68/4B, patta No. 394, measuring 2556 1/2 cents in Nalluirukkai Group and Village, Keelakarai Taluk, Ramanathapuram District.

2.In the affidavit filed in support of the writ petition, it had been stated that the father of the petitioner had purchased the property at S.No. 68/4B at patta No.394 at Nalluirukkai Group and Village, Keelakarai Taluk, Ramanathapuram District. Thereafter, oral partition was entered into by the family members and land of 2556 1⁄2 cents were allotted to his father. The father of the petitioner had executed a settlement deed in favour of the petitioner and younger brother Rajakarungu. It is stated that joint patta had been issued to them. Thereafter, an application was made on 11.04.2022 for surveying the land and also paid necessary charges. 2/4

3.A direction is issued to the first respondent to issue a notice, not only to the petitioner, but also to the younger brother and any other brother and thereafter, if there is no objection, proceed to survey the land. If there are objections, the same may be noted and filed in the form of a report. The entire exercise should be completed within a period of eight weeks from the date of receipt of a copy of this order.

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

24.04.2023 NCS :Yes/No Index :Yes/No Internet:Yes/No PNM To

1. The Tahsildar, Taluk Office, Keelakarai, Keelakarai Taluk, Ramanathapuram District.

2. The Surveyor, Office at Taluk Office of Keelakarai, Keelakarai, Keelakarai Taluk, Ramanathapuram District.

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C.V.KARTHIKEYAN, J.

PNM ORDER IN W.P(MD).No.9564 of 2023 24.04.2023 4/4