Muthu v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Muthu ... Petitioner Vs.

1.The Tahsildar Office of the Tahsildar, Tiruchuli Taluk, Virudhunagar District.

2.The Taluk Surveyor Tiruchuli Taluk, Virudhunagar District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to survey and determine the boundaries of the petitioner land situated in S.No. 113/27 in Patta No.410, Pulvaikarai Village, Thiruchuli Taluk, Virudhunagar District, admeasuring of 350 Square Meter (0.03.5 hectare).

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For Petitioner : M/s.S.Bharathi For Respondents : Mr.N.Muthu Vijayan, Special Government Pleader

O R D E R

The Writ Petition has been filed in the nature of a Mandamus seeking a direction to the respondents to survey and determine the boundaries of the land at Survey No.113/27 in Patta No. 410, Pulvaikarai Village, Thiruchuli Taluk, Virudhunagar District, measuring 350 square meters.

2. It is stated that the petitioner had a dispute with neighbours, Pitchai and Thavidan @ Gurusamy. A suit was also filed in the year 2001.

3. The learned counsel for the petitioner stated that the suit was not prosecuted and had suffered an order of dismissal. However the aforementioned neighbours have raised objections. 2/5

4. The respondents may issue notice not only to the petitioner, but also to the said Pitchai and Thavidan @ Gurusamy and if there are no objections, proceed to conduct survey. The Tahsildar may examine the revenue records, since it is stated by the learned Special Government Pleader that the lands were originally assigned to the petitioner herein and after taking into consideration the objections, and also the nature of the land, take a decision whether to conduct survey or whether it is not possible to conduct survey. If it is not possible to conduct survey, then order in writing may be passed. The entire exercise must be completed within a period of twelve 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.

19.06.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No RM 3/5

To 1.The Tahsildar Office of the Tahsildar, Tiruchuli Taluk, Virudhunagar District.

2.The Taluk Surveyor Tiruchuli Taluk, Virudhunagar District.

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C.V.KARTHIKEYAN, J.

RM 19.06.2023 5/5