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Madras High CourtWP(MD)/15642/2020disposed of

Valliyammal v. The Tahsildar

2020-11-09Honourable Mr Justice S. Vaidyanathan2 pages

W.P.(MD) No.15642 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2020

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.15642 of 2020 Valliyammal

...Petitioner

-Vs1.The Tahsildar, Nanguneri Taluk Office, Nanguneri, Tirunelveli District.

2.The Taluk Surveyor, Nanguneri Taluk Office, Nanguneri, Tirunelveli 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 the petitioner's property and fix the four boundaries in survey Nos.2026B/1, 2026B/2, 2026B/3, 2028 for an extent of 2 Acres 68 Cents situated at Moolaikkaraipatti Village, Nanguneri Taluk, Tirunelveli District on the basis of her representation dated 21.09.2020 within the time frame fixed by this Court. For Petitioner : Mr.K.Arunraj For Respondents : Mr.K.P.Krishnadoss Special Government Pleader.

ORDER

This writ petition has been filed to direct the respondents to survey the petitioner's property and fix the four boundaries in survey Nos.2026B/1, 2026B/2, 2026B/3, 2028 for an extent of 2 Acres 68 Cents situated at Moolaikkaraipatti Village, Nanguneri Taluk, Tirunelveli District based on her representation dated 21.09.2020 within the time frame fixed by this Court.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. Heard Mr.K.Arunraj, learned counsel for the petitioner and Mr.K.P.Krishnadoss, learned Special Government Pleader, who takes notice for the respondents.

4.The petitioner has submitted her application to the first respondent on 08.06.2020 to survey her property situated in Moolaikkaraipatti Village, Nanguneri Taluk, Tirunelveli District in survey Nos.2026B/1, 2026B/2, 2026B/3, 2028 and paid all the necessary charges. Since no action has been taken on that https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.15642 of 2020 application he made a representation on 21.09.2020 to the first respondent. But, neither the application nor the representation submitted by the petitioner were considered so far. In such circumstances, the petitioner has come forward with the present Writ Petition.

5. This Court without going into the merits of the case, directs the first respondent to survey the property of the petitioner, after affording opportunity to the petitioner and others, who are likely to be affected /interested. 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. At the time of conducting survey and in case of issuance of patta, the guidelines issued by this Court in W.P.(MD)No.13465 of 2020, dated 13.10.2020 and W.P.(MD)Nos.7746 of 2020 etc., batch dated 23.09.2020, have to be scrupulously followed. 6.Accordingly, this Writ Petition is disposed of.

No costs Sd/- Assistant Registrar (CSII) // True Copy // / /2020 Sub Assistant Registrar(CS) Ta 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. To 1.The Tahsildar, Nanguneri Taluk Office, Nanguneri, Tirunelveli District.

2.The Taluk Surveyor, Nanguneri Taluk Office, Nanguneri, Tirunelveli District.

+1 CC to M/s.SPL GP ( SR-21790[F] dated 10/11/2020 ) W.P.(MD)No.15642 of 2020 09.11.2020 ARK(CO) KB(20.11.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2