Madras High CourtWP(MD)/15578/2020disposed of

G. Veluchamy v. The Tashildhar

2020-11-06Honourable Mr Justice S. Vaidyanathan2 pages

W.P.(MD)No.15578 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN W.P.(MD)No.15578 of 2020 G.Veluchamy ... Petitioner -vs1. The Thasildar, Vedasendur Taluk, Dindigul District.

2. The Taluk Surveyor, Vedasendur Taluk, Dindigul 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 cause survey of the land in Survey No.847/1, Paalapatti Village, Vedasendur Taluk, Dindigul District admeasuring 0.41.50 Hectares and mark boundaries on the basis of the application dated 03.10.2020 made by the petitioner within a time frame fixed by this Court.

For Petitioner : Mr.B.Saravanan For Respondents : Mr.K.P.Krishnadoss Special Government Pleader *****

ORDER

This writ petition is filed, seeking issuance of Writ of Mandamus to direct the respondents to cause survey of the land in Survey No.847/1, Paalapatti Village, Vedasendur Taluk, Dindigul District admeasuring 0.41.50 Hectares and mark boundaries on the basis of the application dated 03.10.2020 made by the petitioner within a time frame fixed by this Court.

2.Heard the learned Counsel appearing for the petitioner and Mr.K.P.Krishnadoss, learned Special Government Pleader, who took notice for the respondents. By consent of both parties, the Writ Petition is disposed of at the admission stage itself. 3.It is represented by the learned counsel appearing for the petitioner that the petitioner and his brother have partitioned their properties by way of entering into a partition deed dated 23.09.2020 and as per the partition deed, 'B' schedule property which includes the land in Survey No.847/1 to an extent of 01 Acre https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.15578 of 2020 03 Cents was allotted to the petitioner. Thereafter, the petitioner became the absolute owner of the said property and he has been in possession of the said property. The patta also stands in the name of the petitioner. Therefore, the petitioner made a representation to the first respondent dated 03.10.2020 with a request to survey his land and mark the boundaries and he has also paid necessary fee for conducting the survey. Since no steps have been made by the first respondent, the petitioner has come forward with this present Writ Petition.

4.Considering the facts and circumstances of the case, the first respondent is directed to consider the representation of the petitioner dated 03.10.2020 and survey the property in the light of the judgment made in W.P.(MD)No.13465 of 2020, dated 13.10.2020. 5.With the above direction, the writ petition, is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) SRM To

1. The Thasildar, Vedasendur Taluk, Dindigul District.

2. The Taluk Surveyor, Vedasendur Taluk, Dindigul District.

+1 CC to Mr.B.SARAVANAN, Advocate SR-21519.

+1 CC to the Spl GP SR-21628.

W.P(MD)No.15578 of 2020 06.11.2020 VR(CO) CS(23.11.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2