Madras High CourtWP(MD)/18136/2018disposed of

A.Rathinam v. The District Collector

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.18136 of 2018 A.Rathinam ... Petitioner vs.

1. The District Collector, District Collector Office, Tuticorin.

2. The Tahsildar, Taluk Office, Tuticorin Taluk, Tuticorin District.

3. The Head Surveyor, Taluk Office, Tuticorin Taluk, Tuticorin 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 S.F.No.513/B3 measuirng about 0.03.0 hectares (7 cents and 283.29 sq.mtrs) situate in Mudivaithanendhal Village, Tuticorin Taluk and District and fix the four boundaries to the aforesaid land by considering the petitioner's representation dated 27.07.2018. For Petitioner : Mr.R.Manoharan For Respondents : Mr.A.Muthukaruppan Additional Government Pleader

O R D E R

According to the petitioner, he purchased a land in S.F.No.513/B3, measuring to an extent of 0.03.0 hectares situated in Mudivaithanendhal Village, Tuticorin Taluk and District, by means of a registered sale deed in Document No.1437 of 2010 for valid consideration on 25.03.2010. From the date of purchase, the petitioner has been in possession and enjoyment of the property.

2. According to the petitioner, in order to avoid any uncertainty in respect of the boundaries of the land in purchase, he submitted a representation on 27.03.2017 along with necessary fees in the Tuticorin treasury to survey and demarcate the boundaries of the property under his possession. He has also sent a representation in this regard by registered post on 27.07.2018. Although, the representation has been acknowledged by the https://hcservices.ecourts.gov.in/hcservices/

respondents, so far no action has been forthcoming towards the survey of the land. Therefore, the petitioner is before this Court seeking Writ of Mandamus.

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

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

"the respondents 2 and 3 are directed to survey the land in S.F.No.513/B3, measuring to an extent of 0.03.0 hectares situated in Mudivaithanendhal Village, Tuticorin Taluk and District and measure the property and demarcate the boundaries and file a report. Such exercise shall be carried out by the respondents 2 and 3 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(CS-II) /True Copy/ Sub Assistant Registrar(CS-I) To:

1. The District Collector, District Collector Office, Tuticorin.

2. The Tahsildar, Taluk Office, Tuticorin Taluk, Tuticorin District.

3. The Head Surveyor, Taluk Office, Tuticorin Taluk, Tuticorin District.

+1cc to Mr.R.Manoharan, Advocate Sr.No.79617 +1cc to Spl.Government Pleader Sr.No.79357 SSL VB/RP/SAR1/30.08.2018/2P/6C W.P.(MD) No.18136 of 2018 20.08.2018 https://hcservices.ecourts.gov.in/hcservices/