Banumathi v. The Inspector (Land Survey)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Banumathi ... Petitioner Vs.

1. The Inspector (land survey), Divisional Inspector office, Paramakudi,

2. The Tahsildar,

3. The Taluk Assistant Inspector (land survey), ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondents to survey the petitioner's land which is situated in survey No.390/3, Kondunallanpatti Village, Kadaladi Taluk, Ramanathapuram District by considering his representation, dated 08.04.2021.

For Petitioner : M/s.S.Sabbanikarburajothi For Respondents :

Mr.R.Sureshkumar Government Advocate

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents to consider the application/representation submitted by the petitioner on 08.04.2021, wherein, the petitioner has sought for the survey of the subject property.

2. The case of the petitioner is that she is the absolute owner of the subject property by virtue of a registered sale deed dated 06.01.2003. The further case of the petitioner is that a patta has also been issued in her name in Patta No.430.

3. The petitioner wanted to survey the property and hence, she made an application before the respondents and also paid the necessary fees.

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4. The grievance of the petitioner is that a date was fixed for the survey and it did not take place on that day and thereafter, no steps were taken to survey the property. Left with no other option, the present Writ Petition has been filed seeking for appropriate directions.

5. Heard M/s.S.Sabbanikarburajothi, learned counsel for the petitioner and Mr.R.Sureshkumar, learned Government Advocate appearing for the respondents.

6. 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 third respondent to act upon the representation / application given by the petitioner on 08.04.2021 and take a decision with regard to conducting the survey in the subject property within a period of four (4) 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.

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

8. The Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg 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 Inspector (land survey), Divisional Inspector office, Paramakudi,

2. The Tahsildar, 2/3

3. The Taluk Assistant Inspector (land survey), +1 CC to M/s.SPL GP (SR-22300[F] dated 13/07/2021) +1 CC to M/s.S.SABBANI KARPURA JOTHI, Advocate (SR-22418[F] dated 14/07/2021) 12.07.2021 RC (19.07.2021) 3P-6C 3/3