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Madras High CourtWP(MD)/18085/2018disposed of

Nachiappan v. The Tahsildar

2018-08-20Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.18085 of 2018 Nachiappan ... Petitioner vs.

1.The Tahsildar, Taluk Office, Devakottai Taluk, Sivagangai District.

2.The Taluk Surveyor, Taluk Office, Devakottai Taluk, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Mandamus directing the respondents to measure the land measuring 0.00.77 Ares in Surevey No.238/13 situated at Ekarai Village, Kottavayal group, Devakottai Taluk, Sivagangai District, based on the Patta No.72, by considering the petitioner's representation dated 30.01.2018 within the stipulated period as fixed by this Court.

For Petitioner : Mr.K.Rajeshwaran For Respondents : Mr.A.Muthukaruppan Additional Government Pleader

O R D E R

According to the petitioner, the land measuring 0.00.77 Ares in Survey No.238/13 situated at Ekarai Village, Kottavayal group, Devakottai Taluk, Sivagangai District, is an ancestral property and the petitioner is in absolute possession and enjoyment of the said property. In order to ascertain the exact boundaries of the said property, it appears that the petitioner sent a representation on 30.01.2018 to the respondents and subsequently on 08.02.2018, necessary fees has also been paid to the first respondent. According to the petitioner, the representation has also been received by the respondents.

2. According to the petitioner, a patta has also been issued for the property, but despite several representations have been made, till date, no action has been initiated for surveying and measuring the property. Therefore, the petitioner is before this Court for issuance of writ of Mandamus.

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3. Mr.A.Muthukaruppan, learned Additional Government Pleader

takes notice for the respondents.

4. Considering the limited prayer being sought in the writ petition, the writ petition is disposed of at the admission stage itself, with the following direction:

"There shall be a direction to the respondents to survey and measure the property in Survey No.238/13 situated at Ekarai Village, Kottavayal group, Devakottai Taluk, Sivagangai District and demarcate the boundaries and file a report. Such exercise shall be completed by the respondents within a period of four weeks from the date of receipt of a copy of this order."

5. With the above direction, the Writ Petition stands disposed of. No costs.

SD ASSISTANT REGISTRAR ( P AND A ) TRUE COPY SUB ASSISTANT REGISTRAR (CS II) ssl To 1.The Tahsildar, Taluk Office, Devakottai Taluk, Sivagangai District.

2.The Taluk Surveyor, Taluk Office, Devakottai Taluk, Sivagangai District.

COPY TO:1. THE REGISTRAR ( JUDICIAL ) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2.THE SECTION OFFICER, WRIT SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

1CC TO MR. K. K. RAJESHWARAN, ADVOCATE SR: 79274 1CC TO THE SPL GOVT PLEADER SR: 79356 DS RSK SAR 2 07 .09. 2018 2P 7C W.P.(MD) No.18085 of 2018 20.08.2018 https://hcservices.ecourts.gov.in/hcservices/