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Madras High CourtWP(MD)/11738/2021disposed of

Mariyayi v. The Tahsildar

2021-07-14Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD).No.11738 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.11738 of 2021 Mariyayi ... Petitioner Vs.

1. The Tahsildar, Thottiyam Taluk Office, Trichy District.

2. The Taluk Surveyor, Thottiyam Taluk Office, Trichy District.

3. The Inspector of Police, Kattuputhur Police Station, Kattuputhur Taluk, Trichy District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the second respondent to conduct the survey in S.F.Nos.280/9B2 and 280/9B1 for an extent of 0.15.00 ares which is situated at Trichy District, Thottiyam Taluk, Natham Village, on the basis of the petitioner's application dated 25.11.2019 with the aid of the third respondent.

For Petitioner : Mr.K.Arunraj For R-1 to R-3 : Mr.M.Lingadurai Govt. Advocate

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the second respondent to consider the application submitted by the petitioner on 25.11.2019, wherein, the petitioner has sought for conducting a survey in the subject property.

2. The case of the petitioner is that the patta has been mutated in her favour in patta No.615 and she is in possession and enjoyment of the property. The petitioner wanted to conduct a survey in the subject property and fix the boundaries. Hence, the petitioner submitted an application on 25.11.2019 and also paid necessary charges and requested for conducting a survey in the subject property. Since the same was not acted upon, the present https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.11738 of 2021 Writ Petition has been filed before this Court seeking for appropriate directions.

3. Heard Mr.K.Arunraj, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing 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 25.11.2019 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 served on 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. This Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS I) // 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 Tahsildar, Thottiyam Taluk Office, Trichy District.

2. The Taluk Surveyor, Thottiyam Taluk Office, Trichy District.

3. The Inspector of Police, Kattuputhur Police Station, Kattuputhur Taluk,Trichy District.

+1 CC to M/s.K.ARUNRAJ, Advocate (SR-22417[F] dated 14/07/2021) +1 CC to M/s.SPL GP (SR-22653[F] dated 15/07/2021) W.P.(MD).No.11738 of 2021 14.07.2021 RC (26.07.2021)2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2