Madras High CourtWP(MD)/10713/2017disposed of

Aruvugam, W/O.(Late) Ponnaiah v. The Tahsildar,

2017-06-08Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 08.06.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.10713 of 2017 Aruvugam ..Petitioner Vs

1. The Tahsildar, Melur Taluk, Madurai District.

2. The Head Surveyor, Melur Taluk Office, Melur, Madurai District.

..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to survey the property in S.No.326/3B1, situating in V.S.Nagaram, Melavalavoo Village, Melur Taluk, Madurai District based on the application of the Petitioner, dated 14.3.2017 within the time limit fixed by this Court. For Petitioner :M/s.M.S.Jeyakarthik For Respondents :Mr.A.Muthukaruppan Addl.Govt.Pleader

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the respondents to survey the property in S.No.326/3B1, situating in V.S.Nagaram, Melavalavoo Village, Melur Taluk, Madurai District based on the application of the Petitioner, dated 14.3.2017 within the time limit fixed by this Court.

2.Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice for the respondents.

3.By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself. https://hcservices.ecourts.gov.in/hcservices/ 4.The case of the Petitioner is that her husband Ponnaiah, son of Kuppusamy @ Alagarsamy was the original owner of the property

in S.No.326/3B1 of V.S.Nagaram, Melavalavoo, Village, Melur Taluk, Madurai District. He was also issued with Patta No.1695. The entire revenue records are standing in the name of her husband Ponnaiah. The Petitioner would further state that her husband had two wives and after demise of her husband on 20.02.1990, there was no dispute between them and there is no rival claim in respect of the property and the Petitioner wants to fence the property to prevent occupation by others.

5.It is further stated that the Petitioner made an application to the first respondent on 4.3.2017 to survey the land and fix the four boundaries as per the revenue records. The petitioner also paid necessary fees on 14.3.2017. Despite the same, no action was taken. Hence the Petitioner has come forward with the present Writ Petition for the relief stated supra.

6.Considering the submission made by the learned counsel for the Petitioner, without going into the merits of the case, this Court directs the first respondent to consider the representation of the Petitioner, dated 14.3.2017 on merits and in accordance with law and pass orders on the same, after giving notice to the Petitioner and other interested parties, if any, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order 7.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar To

1. The Tahsildar, Melur Taluk, Madurai District.

2. The Head Surveyor, Melur Taluk Office, Melur, Madurai District.

+1 CC to M/s.M.S.JEYAKARTHIK, Advocate, SR No. 59168 +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No. 59742 VSN PSM/SV-MMS/SAR1/15.06.2017 W.P(MD)No.10713 of 2017 08.06.2017 https://hcservices.ecourts.gov.in/hcservices/