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Madras High CourtWP(MD)/16070/2020disposed of

Ramuthai v. The Tahsildar

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

W.P(MD)No.16070 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN W.P(MD)No.16070 of 2020 S.Ramuthai ... Petitioner Vs.

1.The Tahsildar, Tahsildar Office, Thirumangalam Taluk, Madurai District.

2.The Head Surveyor, Tahsildar Office, Thirumangalam Taluk, Madurai District.

3.The circle Survey Inspector, Tahsildar Office, Thirumangalam Taluk, Madurai 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 consider petitioner's representation dated 01.10.2020 and 14.10.2020 to survey petitioner's vacant house site by fixing its boundary which is situated at Melakottai Group, Alampatti Village, Thirumangalam Taluk, Madurai District in Survey No.14/14 to an extent of 0.03.6 ares.

For Petitioner :

Mr.S.Muthukumar For respondents :

Mr.P.Kanni Thevan, Additional Government Pleader

ORDER

The petitioner has come forward with this Writ Petition, seeking a direction to the respondents to consider petitioner representation dated 01.10.2020 and 14.10.2020 to survey petitioner vacant house site by fixing its boundary which is situated at Melakottai Group, Alampatti Village, Thirumangalam Taluk, Madurai District in Survey No.14/14 to an extent of 0.03.6 ares. 2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 3.Mr.P.Kanni Thevan, learned Additional Government Pleader accepts notice on behalf of the respondents.

4.According to the petitioner, he is the absolute owner of the property at Melakottai Group, Alampatti Village, Thirumangalam https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.16070 of 2020 Taluk, Madurai District in Survey No.14/14 to an extent of 0.03.6 ares. He has sent a representation dated 01.10.2020 and 14.10.2020 to the respondents to conduct survey, measure and to fix boundary. Since no effective steps have been taken in this regard, he has approached this Court, seeking aforesaid prayer. 5.This Court without going into the merits of the case, directs the third respondent to survey the property of the petitioner, after affording opportunity to the petitioner and others, who are likely to be affected. 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 (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) Tsg-2 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,Tahsildar Office,Thirumangalam Taluk, Madurai District.

2.The Head Surveyor,Tahsildar Office, Thirumangalam Taluk,Madurai District.

3.The circle Survey Inspector,Tahsildar Office, Thirumangalam Taluk,Madurai District.

+1 CC to M/s.S.MUTHUKUMAR, Advocate ( SR-21860[F] dated 11/11/2020 ) +1 CC to M/s.GP ( SR-22090[F] dated 18/11/2020 ) Order made in W.P.(MD)No.16070 of 2020 11.11.2020 PU(CO) AP(26/11/2020) 2 P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2