Madras High CourtWP(MD)/12867/2017disposed of

C.Selvaraj v. The Tahsildar

2017-08-02Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.12867 of 2017 C.Selvaraj ...Petitioner Vs.

1. The Tahsildar, Thiruppathur Taluk, Thiruppathur, Sivagangai District.

2. The Tahsildar, Singampunari Taluk, Singampunari, Sivagangai District.

3. The Zonal Deputy Inspector/Head Surveyor, Singampunari Taluk, Singampunari, Sivagangai District. ...Respondents PRAYER:Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents No.2 and 3 herein to conduct field survey and fix the boundaries in survey No.179/.1B, in Kilavayal Village, Singampunari Taluk, Singampunari on the basis of the representation of the petitioner dated 01.07.2017 within the stipulated time that may be fixed by this Court. For Petitioner : Mr.D.Sivaraman For Respondents : Mr.C.Selvaraj Special Government Pleader

O R D E R

This writ petition is filed seeking for the issuance of a Writ of Mandamus directing the respondents Nos.2 and 3 herein to conduct field survey and fix the boundaries in survey No.179/1B, in Kilavayal Village, Singampunari Taluk, Singampunari, on the basis of the representation of the petitioner dated 01.07.2017. 2.Mr.C.Selvaraj, learned Special Government Pleader takes notice for the respondents. By consent, this Writ Petition is taken up for final disposal at the admission stage itself. 3.The case of the petitioner is that he became absolute owner of the property to an extent of 76.6 cents in Survey No.179/1 situated at Kilavayal Village, Thiruppathur Taluk, Sivagangai District, by virtue of a sale deed, dated 22.12.2016. It is further stated that the patta was also transferred in the name of the petitioner.

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4.The petitioner would state that to construct a house in the above land, he made an application to the first respondent to survey the land and fix the boundaries. Though the first respondent fixed the date, it could not be conducted. In the meanwhile, the village was brought under the control of Singampunari Taluk. Therefore, the petitioner submitted a representation dated 01.07.2017 to the respondents 2 and 3. Since no action was taken, the present writ petition is filed. 5.Considering the limited scope of the prayer sought for by the petitioner, this Court, without going into the merits of the claim made by the petitioner, directs the second and third respondents to consider the representation of the petitioner, dated 01.07.2017, and pass appropriate orders on merits and in accordance with law, after providing opportunity to all necessary parties, within a period of eight weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To:

1. The Tahsildar, Thiruppathur Taluk, Thiruppathur, Sivagangai District.

2. The Tahsildar, Singampunari Taluk, Singampunari, Sivagangai District.

3. The Zonal Deputy Inspector/Head Surveyor, Singampunari Taluk, Singampunari, Sivagangai District.

+1cc to The Spl.Government Pleader Sr.No.65287 +1cc to Mr.D.Sivaraman, Advocate SR.No.64829 VSG/SKN VB/KP/SAR3/26.07.2017/2P/6C W.P.(MD)No.12867 of 2017 12.07.2017 https://hcservices.ecourts.gov.in/hcservices/