← Library
Madras High CourtWP(MD)/15196/2020disposed of

Rajapandi v. The Thasildar

2020-11-03Honourable Mr Justice S. Vaidyanathan2 pages

W.P(MD)No.15196 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN W.P(MD)No.15196 of 2020 Rajapandi ... Petitioner Vs.

1.The Tahsildar, Kadaladi Taluk, Ramanathapuram District.

2.The Taluk Head Surveyor, Kadaladi Taluk, Ramanathapuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to survey the petitioner's land situated in Survey No.330/2A1A1 comprising Patta No.1093 at the Centre Portion to the extent of 0.81.00 Hectares (Acre 2), Narippaiyur Village, Narippaiyur Group, Kadaladi Taluk, Sayalkudi Sub Registrar District, Ramanathapuram District, based on the petitioner's application dated 13.08.2020, within a time stipulated by this Court. For Petitioner : Mr.T.Veerakumar For respondents : Mr.M.Muniyasamy Additional Government Pleader

ORDER

This writ petition has been filed for issuance of a direction to the respondents herein to survey the petitioner's land situated in Survey No.330/2A1A1 comprising Patta No.1093 at the Centre Portion to the extent of 0.81.00 Hectares (Acre 2), Narippaiyur Village, Narippaiyur Group, Kadaladi Taluk, Sayalkudi Sub Registrar District, Ramanathapuram District, based on the petitioner's application dated 13.08.2020, within a stipulated time.

2. Mr.M.Muniyasamy, learned Additional Government Pleader takes notice for the respondents. By consent, the writ petition is taken up for disposal at the admission stage itself.

3. The petitioner has submitted his representation, dated 13.08.2020 to the respondents, in order to issue patta in respect of the land situated in Survey No.330/2A1A1 comprising Patta No.1093 at the Centre Portion to the extent of 0.81.00 Hectares (Acre 2), Narippaiyur Village, Narippaiyur Group, Kadaladi Taluk, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.15196 of 2020 Sayalkudi Sub Registrar District, Ramanathapuram District. But, the said representation was not considered so far. In such circumstances, the petitioner has come forward with the present Writ Petition.

4. Considering the facts and circumstances, the respondents, more particularly the second respondent is directed to consider the representation of the petitioner, dated 13.08.2020 and pass appropriate orders and in accordance with law, after hearing the petitioner and the persons who will likely to be affected. In case of issuance of patta, survey needs to be conducted and the said survey shall be photographed and videographed in the presence of the petitioner and the persons who are likely to be affected and the costs of photograph and Videograph to be borne by the party seeking patta. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order. It is made clear that this Court has not decided the rights of the parties in the present Writ Petition. It is open to the respondents to decide the same. The directions given in W.P(MD).No.7746 of 2020 batch, dated 23.09.2020 and W.P.(MD)No.13465 of 2020 dated 03.11.2020 should be followed wherever it is applicable.

5. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) PJL To 1.The Tahsildar, Kadaladi Taluk, Ramanathapuram District.

2.The Taluk Head Surveyor, Kadaladi Taluk, Ramanathapuram District.

+1 CC to SPL GP ( SR-21102[F] dated 04/11/2020 ) W.P(MD)No.15196 of 2020 03.11.2020 VB (02.12.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2