Madras High CourtWP(MD)/15083/2020disposed of

Mks.Palanivel v. The Tahsildar

2020-11-02Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2020

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.15083 of 2020 M.K.S.Palanivel ... Petitioner -Vs1. The Tahsildar, Taluk Office, Alangudi Taluk.

Pudukkottai District.

2. The Firka Surveyor, Alangudi, Pudukkottai District.

... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus, to direct the respondents to survey and fix the boundaries in respect of the petitioner's land in S.F.No.379/14, 379/15, 379/16 with an extent of 6.65 ares (16.62 cents) situate in Vadakadu Village, Alangudi Taluk, Pudukkottai District bearing patta No.506 on the basis of the petitioner's representation dated 03.10.2020.

For Petitioner : Mr.K.Baalasundharam For Respondents : Mr.K.P.Krishnadass Special Government Pleader.

ORDER

The petitioner has come forward with this Writ Petition, seeking a direction to the respondents to survey and fix the boundaries in respect of the petitioner's land in S.F.No.379/14, 379/15, 379/16 to an extent of 6.65 ares (16.62 cents), situated in Vadakadu Village, Alangudi Taluk, Pudukkottai District bearing patta No.506 based on the representation of the petitioner dated 03.10.2020.

2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 3.Mr.K.P.Krishnadoss, learned Special Government Pleader accepts notice on behalf of the respondents.

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4.According to the petitioner, he is the absolute owner of the petition mentioned properties and patta was granted during Natham settlement in Patta No.506 of Vadakadu Village, Alangudi Taluk, Pudukkottai District. The said survey numbers consisted in single block and were demarcated with survey stones. After some time, the boundary survey stones were found missing. Therefore, the petitioner has remitted necessary survey fee for surveying his properties on 07.11.2017 and also sent a representation to the first respondent. However, the respondents have required the petitioner to pay necessary fee once again in the month of September, 2020 along with representation to survey his properties. Therefore, the petitioner for the second time has remitted the survey charges on 21.09.2020 and he has also sent a representation dated 03.10.2020 to the first respondent. But, so far, no effective steps have been taken in this regard. Hence, the petitioner has approached this Court, seeking aforesaid prayer.

5.Considering the facts and circumstances, the first respondent is directed to conduct survey and fix the boundaries in respect of the petitioner's land by following the guidelines issued by this Court in W.P.(MD)No.13465 of 2020, dated 13.10.2020. The said survey shall be photographed and videographed in the presence of the petitioner and the costs of Photograph and Videograph to be borne by the petitioner. Such exercise shall be completed, within a period of three (3) months from the date of receipt of a copy of this order.

6.Accordingly, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) Myr Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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1. The Tahsildar, Taluk Office, Alangudi Taluk.

Pudukkottai District.

2. The Firka Surveyor, Alangudi, Pudukkottai District.

+1 CC to the SPL GP ( SR-20993[F] dated 03/11/2020 ) Order made in W.P.(MD)No.15083 of 2020 02.11.2020 CK(CO) CS(11.11.2020) 3P 4C 3/3