Madras High CourtWP(MD)/23703/2018disposed of

M.Murugan, v. The District Collector,

2018-12-03Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 03.12.2018

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.23703 of 2018 M.Murugan ..Petitioner Vs 1.The District Collector, Madurai.

2.The Tahsildar, Vadipatti, Madurai District.

3.Taluk Surveyor, Vadipatti Taluk, Madurai District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 2nd and 3rd respondents to survey the petitioner's land and place the survey stones comprised in Survey No.317/7-B to an extent of 5 cents (0.2.00 Ares) situated at Alanganallur Village, Vadipatti Taluk, Madurai District based on his representation dated 25.10.2018 within a time stipulated by this Court.

For Petitioner :Mr.S.Alagusundar For Respondents :Mr.P.kannidevan Additional Government Pleader

ORDER

The Petitioner has prayed for issuance of a Writ of Mandamus directing the respondents 2 and 3 to survey the petitioner's land and place the survey stones comprised in Survey No.317/7-B to an extent of 5 cents (0.2.00 Ares) situated at Alanganallur Village, Vadipatti Taluk, Madurai District based on his representation dated 25.10.2018 within a time stipulated by this Court. 2.Mr.P.Kannidevan, learned Additional Government Pleader takes notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

https://hcservices.ecourts.gov.in/hcservices/ 3.The Petitioner contends that he purchased the subject land from the original owners on 29.08.2018. The land originally belongs

to one R.Ramasamy Naidu to an extent of 0.10.00 Ares at Alanganallur Village, Vadipatti Taluk, Madurai District. The said Ramasamy Naidu executed a registered settlement deed in favour of his wife Yasothaiyammal in Document No.19/1988 on 07.01.1988. Now, the said Yasothaiyammal registered a sale deed in favour of the petitioner for five cents and the second respondent has also issued separate patta in his name and sub divided as 317/7-B (Patta No.3524). Now, the petitioner needs to survey the land and he has paid necessary charges to conduct the survey on 25.10.2018.

4.Under such circumstances, the respondents are directed to measure the property after giving sufficient opportunity of hearing to the Petitioner and notice to the other interested parties, if any, and pass appropriate orders on merits and in accordance with Law, as per seniority, within a period of 12 weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-II) 1.The District Collector, Madurai.

2.The Tahsildar, Vadipatti, Madurai District.

3.Taluk Surveyor, Vadipatti Taluk, Madurai District.

+1cc to Special Government Pleader, SR.No.98626 W.P(MD)No.23703 of 2018 03.12.2018 RJ2 SPRSK SAR2 12.12.2018 2P 5C https://hcservices.ecourts.gov.in/hcservices/