Madras High CourtWP(MD)/12640/2021disposed of

Kanagaraj v. The Tahsildar

2021-07-27Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD).No.12640 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.12640 of 2021 Kanagaraj

...Petitioner

Vs.

1.The Tahsildar, Ottapidaram Taluk, Tuticorin District.

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

... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to survey the land bearing Old Jameen S.F.No.611 now New S.F.No.60/1 in Patta No.961 with an extent of 3 acres 64 cents situated in Mela Arasaradi Village, Ottapidaram Taluk, Thoothukudi District by considering the petitioner's representation, dated 14.06.2021. For Petitioner : Mr.R.Jegadeeswaran For Respondents : Mr.M.Lingadurai Government Advocate

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents to consider the representation made by the petitioner on 14.06.2021, wherein, the petitioner has sought for the survey of the subject property.

2. The case of the petitioner is that the subject property originally belonged to his father through a registered sale deed dated 09.09.1938. The further case of the petitioner is that his father died in the year 1962 and thereafter, the petitioner is in possession and enjoyment of the property.

3. The petitioner made a representation to the respondents seeking for a survey and demarcation of the subject property. Since the same was not acted upon, the present Writ Petition has been filed before this Court seeking for appropriate directions. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.12640 of 2021

4. Heard Mr.R.Jegadeeswaran, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing 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 consider the representation made by the petitioner on 14.06.2021 and take a decision with regard to the survey of 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, the second respondent shall issue notice to them before undertaking the survey.

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, Ottapidaram Taluk, Tuticorin District.

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

+1 CC to M/s.SPL GP ( SR-24403[F] dated 29/07/2021 ) W.P.(MD).No.12640 of 2021 27.07.2021 CM(CO) KB(03.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2