Sundarapandian M v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Sundarapandian ... Petitioner vs.

1.The Tahsildar, Taluk Office, Madurai South Taluk, Collectorate Campus, Madurai-625 020.

2.The Firka Surveyor, Department of Land Survey, Avaniyapuram Inner Circle, Collectorate Campus, Madurai-625 020.

3.S.Bose @ Subramanian 4.S.Rajendran 5.S.Rajan 6.S.Murugan 7.S.Ganesan 8.S.Padmanabhan 9.S.Chandran 10.V.Chitra Devei ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 herein to carry out appropriate survey and demarcate the boundaries of the petitioner's land comprised in Survey No.63/1A of an extent of 1 cent 1/5

112 sq.ft., (548 sq.ft) of lands out of total extent of 1 Acre 80 cents in sub divided Survey No.63/1 which was sub divided from original Survey No. 63/1 in total extent of 2 acre 6 cents situated at Chinthamani Village, Madurai South Taluk, Madurai city based on the petitioner's registered sale deed dated 13.03.2006 under document No.1836/2006, executed by the respondents 3 to 10 herein within a stipulated time as that may be fixed by this Court.

For Petitioner :Mr.K.Jeyaseelan For R1 and R2 :Mr.A.K.Manikkam Special Government Pleader For R8 :Mr.C.Vakeeswaran For R3 to R7, R9 and R10 :No Appearance *****

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the second respondent to survey the subject property and to demarcate the boundary based on the representation/application submitted by the petitioner on 26.08.2021.

2.Heard Mr.K.Jeyaseelan, learned Counsel appearing on behalf of the petitioner, Mr.A.K.Manikkam, learned Special Government Pleader appearing on behalf of the respondents 1 and 2 and Mr.C.Vakeeswaran, 2/5

learned Counsel for the eighth respondent.

3.Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the first respondent to deal with the application submitted by the petitioner on 26.08.2021 after issuing notice to all the interested parties and take a decision within a period of six weeks from the date of receipt of a copy of this order. If ultimately, the first respondent decides to conduct the survey and demarcate the boundaries, it shall be done based on the title documents possessed by the respective parties. 4.This Writ Petition is disposed of in the above terms. No costs. Index :Yes / No 07.11.2023 Internet :Yes / No NCC :Yes / No cmr 3/5

To 1.The Tahsildar, Taluk Office, Madurai South Taluk, Collectorate Campus, Madurai-625020.

2.The Firka Surveyor, Department of Land Survey, Avaniyapuram Inner Circle, Collectorate Campus, Madurai-625020.

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N.ANAND VENKATESH, J.

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