Elango.N v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2021 CORAM :
THE HONOURABLE MRS.JUSTICE J. NISHA BANU N.Elango ... Petitioner - Vs -
1. The Tahsildar, Peravurani Taluk Office, Thanjavur District.
2. The Taluk Surveyor, Peravurani Taluk, Thanjavur District.
... Respondents Prayer :
This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to conduct survey and fix the boundaries in the petitioner's property comprised in survey numbers 444/131AB, 444/13A2, 444/13A1A, 444/13B and 444/13C, admeasuring an extent of 27 cents available as single plot situated at Veeriyankottai - II Village, Peravurani Taluk, Thanjavur District, pursuant to the petitioner's representation, dated 22.01.2021.
For Petitioner : Mr.D.R.Murugesan For Respondent : Mr.M.Lingadurai Government Advocate
O R D E R
This writ petition has been filed praying for issuance of a Writ of Mandamus, to direct the respondents 1 and 2 to conduct survey and fix the boundaries in the petitioner's property, comprised in survey numbers 444/131AB, 444/13A2, 444/13A1A, 444/13B and 444/13C, admeasuring an extent of 27 cents available as single plot, situated at Veeriyankottai - II Village, Peravurani Taluk, Thanjavur District, pursuant to the petitioner's representation, dated 22.01.2021.
2.The learned counsel for the petitioner would state that the petitioner's family owned landed property of house site in Survey Nos.444/131AB, 444/13A2, 444/13A1A, 444/13B and 444/13C, admeasuring an extent of 27 cents available as single plot, situated at Veeriyankottai - II Village, Peravurani Taluk, Thanjavur District. The above properties were inherited by the petitioner through his father and purchased from his brother. The petitioner's house is situated in the above said land. Since, the petitioner is often 1/3
visiting various places on account of self employment, he decided to put up permanent fence in the above house site property. The revenue records and field map will reflect that though there are subdivisions in the petition mentioned property, the property is a single plot on ground. The petitioner has taken steps to measure the petition mentioned property to put up permanent fence over the property, for which, he paid necessary charges in two different challans on 26.08.2020. Even though the same was acknowledged, no action was taken by the respondents. Due to pandemic lock-down announced by the Government of Tamil Nadu, the survey of the petitioner's property had not been taken place.
3. The learned counsel appearing for the petitioner would further state that in respect of the property in question, there is no third party dispute or no civil lis is pending in any forum. The petitioner made a representation in person on 22.01.2021 to the 1st respondent seeking to survey his property by fixing boundaries, enabling him to put up a permanent fence, but no order was passed. Hence, this writ petition.
4. The learned Government Advocate appearing for the respondent would submit that the petitioner's representation, dated 22.01.2021 will be disposed of by the 1st respondent within a time frame to be stipulated by this Court, for which, the learned counsel for the petitioner agreed.
5. Heard learned counsel for the petitioner as well as the learned Government Advocate for the respondents.
6. Considering the facts and circumstances of the case, without adverting to the merits of the case, the 1st respondent is directed to take action on the petitioner's representation, dated 22.01.2021 and pass appropriate orders, in accordance with law, within a period of two months from the date of receipt of a copy of this order. The petitioner is directed to enclose the copy of the representation along with the copy of this order.
7. With the above directions, this Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3
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, Peravurani Taluk Office, Thanjavur District.
2. The Taluk Surveyor, Peravurani Taluk, Thanjavur District.
+1 CC to M/s.SPL GP ( SR-24926[F] dated 02/08/2021 ) Dated:
30.07.2021 GC (18/08/2021) 3P 4C 3/3