Madras High CourtWP(MD)/18071/2018disposed of

Ammavasi v. The Tahsildar

2018-08-16Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.18071 of 2018 Ammavasi ... Petitioner vs.

1. The Tahsildar, Thirumangalam Taluk, Madurai District.

2. The Taluk Surveyor, Thirumangalam Taluk, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Mandamus directing the respondents to survey the land in Survey No.266/5A3 of an extent of 0.48.48 Hectare situated at kanniamanglam, Thirumangalam Taluk, Madurai District based on the petitioner's representation dated 13.03.2018.

For Petitioner : Mr.R.Selvaraj For Respondents : Mr.M.Jeyakumar Additional Government Pleader

O R D E R

According to the petitioner, his father purchased a land bearing Survey No.266/5A, to an extent of 1 Acre, situated at Kinnimangalam Checkkanoorani Sub Division, Thirumangalam Taluk, Madurai District. After his demise, the petitioner as well as other siblings entered into a partition agreement on 15.06.2017 and the same was also registered before the Sub-Registrar office. After the partition, the petitioner has come into possession and enjoyment of the said property in the above survey number to an extent of 0.48.48 Hectare. He was also issued with a patta bearing No.3270.

2. The petitioner appears to have approached the respondents 1 and 2 to measure and demarcate the lands in his enjoyment and possession and in this regard, he has also submitted his https://hcservices.ecourts.gov.in/hcservices/

representation on 13.03.2018. It appears that the first respondent also issued a communication on 28.07.2018 to visit the land and survey the same. But according to the petitioner, no further progress has been made. Therefore, he is before this Court seeking to issue a writ of mandamus.

3. Considering the limited prayer sought in the writ petition, for which the respondents cannot have any legitimate objection, this Court passes the following direction: "the respondents are directed to conduct survey and measure the land and demarcate the boundaries of the subject property, after causing notice to any other interested parties in the property and shall complete the survey within a period of four weeks from the date of receipt of a copy of this order."

4. With these directions, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-I) To:

1. The Tahsildar, Thirumangalam Taluk, Madurai District.

2. The Taluk Surveyor, Thirumangalam Taluk, Madurai District.

+ 1 cc TO The Special Government Pleader in SR No. 79153 ssl AE/MK/SKN/SAR1/03.09.2018/2P/4C W.P.(MD) No.18071 of 2018 16.08.2018 https://hcservices.ecourts.gov.in/hcservices/