Madras High CourtWP(MD)/12446/2021disposed of

Senthur.A v. The Thasildar

2021-07-23Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD).No.12446 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.12446 of 2021 A.Senthur ... Petitioner Vs.

1.The Thasildar, Ottapidaram Taluk, Tuticorin District.

2.The Head Surveyor, Taluk Office, Ottapidaram Taluk, Tuticorin District.

... 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 comprised in Survey No.189/1, situated at Vellaram Village, Ottapidaram Taluk, Tuticorin District, to an extent 91 cents and fix the boundary, on the basis of the petitioner's Representation dated 30.01.2020 For Petitioner : Mr.P.Banuprasath For Respondents : Mr.M.Lingadurai Government Advocate

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the second respondent to act upon the representation made by the petitioner on 30.01.2020, wherein the petitioner has sought for survey of the subject property. 2.The case of the petitioner is that he purchased the subject property measuring an extent of 91 cents by virtue of registered sale deed dated 25.06.2012. The further case of the petitioner is that he made an application for issuance of patta and a joint patta has been issued in Patta No.884.

3.The grievance of the petitioner is that the petitioner made an application for survey of the property that was purchased by him by virtue of sale deed dated 25.06.2012. According to the petitioner, necessary fee was also paid on 23.07.2018. Since the same was not acted upon, the petitioner made one more representation on 30.01.2020. The same did not evoke any response. Left with no other alternative, the present writ petition has been filed before this Court seeking for appropriate directions. 4.Heard Mr.P.Banuprasath, learned counsel for the petitioner https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.12446 of 2021 and Mr.M.Lingadurai, learned Government Advocate for the respondents.

5.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 representation made by the petitioner on 30.01.2020 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 issued to them before undertaking the survey. 6.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.

7.In the result, the Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Sm 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 Thasildar, Ottapidaram Taluk, Tuticorin District.

2.The Head Surveyor, Taluk Office, Ottapidaram Taluk,Tuticorin District.

+1 CC to M/s.P.BANU PRASATH, Advocate (SR-23667[F] dated 23/07/2021) +1 CC to M/s.SPL GP ( SR-24038[F] dated 27/07/2021 ) W.P.(MD).No.12446 of 2021 23.07.2021 RD(3.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2