Madras High CourtWP(MD)/17902/2017disposed of

S.Palani, v. The Tahsildar

2017-09-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.17902 of 2017 S.Palani ... Petitioner Vs.

1. The Tahsildar, Kovilpatti Taluk, Thoothukudi District.

2. The Firka Surveyor, Kovilpatti Taluk, Thoothukudi District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to survey the petitioner's land to an extent of 0.27.50 Hectares comprised in Patta No.434, situated in Survey No.45/1B20 at Sannathu Puthukudi Village, Kovilpatti Taluk, Thoothukudi District and lay boundary stones based on his representation dated 23.03.2017 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.C.Selvaraj Special Government Pleader

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus directing the respondents to survey the petitioner's land to an extent of 0.27.50 Hectares comprised in Patta No.434 and Survey No.45/1B20 situated at Sannathu Puthukudi Village, Kovilpatti Taluk, Thoothukudi District and lay boundary stones based on his representation dated 23.03.2017. 2.Mr.C.Selvaraj, learned Special Government Pleader takes notice for respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. https://hcservices.ecourts.gov.in/hcservices/ 3.According to the petitioner, his father, by name, Sankaralinga Konar owned the land to an extent of 0.27.50 Hectares

comprised in Survey No.45/1B20 situated at Sannathu Puthukudi Village, Kovilpatti Taluk, Thoothukudi District. He was also issued patta in patta No.434. After his demise, the petitioner inherited the property and he has been in possession and enjoyment of the same.

4.The petitioner would state that he made a representation before the respondents on 22.03.2017 by paying necessary fees to survey the land and fix the boundaries stone. Since no action was taken, the present writ petition.

5.Considering the limited scope of the prayer sought for by the petitioner, this Court, without going into the merits of the matter, directs the first respondent to consider the representation of the petitioner dated 23.03.2017 and take appropriate action on merits and in accordance with law, after providing opportunity to all necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition stands disposed of. No costs.

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

1. The Tahsildar, Kovilpatti Taluk, Thoothukudi District.

2. The Firka Surveyor, Kovilpatti Taluk, Thoothukudi District.

+ 1 cc TO Mr.G.Thalaimutharasu , Advocate in SR No. 80630 +1cc to The Special Government Pleader in SR.No.81069 skn AE/KK/SAR3/12.10.2017/2P/5C W.P.(MD)No.17902 of 2017 21.09.2017 https://hcservices.ecourts.gov.in/hcservices/