Madras High CourtWP(MD)/16113/2020disposed of

Murugesh v. The Thasildar

2020-11-18Honourable Mr Justice S. Vaidyanathan2 pages

W.P.(MD)No.16113 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.16113 of 2020 Murugesh ... Petitioner -vs1. The Tahsildar, Ottanchatram Taluk, Dindigul District.

2. The Taluk Head Surveyor, Ottanchatram Taluk, Dindigul District.

3. The Inspector of Police, Ambiligai Police Station, 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 first and second respondents to survey and demarcate the petitioner's properties in Survey No.476/3 situated at Thangachiammapatti, Ottanchatram Taluk, Dindigul District based on the petitioner's application dated 11.09.2018 within the stipulated time. For Petitioner : Mr.R.Jegadeeswaran For Respondents : Mr.M.Pandiya Rajan Additional Government Pleader *****

ORDER

This writ petition is filed, seeking issuance of a Writ of Mandamus directing the first and second respondents to survey and demarcate the petitioner's properties in Survey No.476/3 situated at Thangachiammapatti, Ottanchatram Taluk, Dindigul District based on the petitioner's application dated 11.09.2018 within the stipulated time.

2.Heard the learned Counsel appearing for the petitioner and Mr.M.Pandiya Rajan, learned Additional 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 has purchased four properties in Survey No.476/3 situated at Thangachiammapatti, Ottanchatram Taluk, Dindigul District from Palanichamy Gounder, S.K.Rajkumar and https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.16113 of 2020 P.Rathinasamy through document Nos.1021/2003, 1643/2012 and 221/2013 respectively. It is further stated that from the date of purchase, the petitioner has been in possession and enjoyment of the said properties. Therefore, in order to fix the boundaries of the said lands, the petitioner had made a representation to the respondents on 11.09.2018 by paying necessary fees. Since there was no response from the respondents 1 and 2, the petitioner has come forward with the 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 11.09.2018 and survey the property in the light of the judgment made in W.P.(MD)No.13465 of 2020, dated 13.10.2020, after hearing the persons those who are likely to be affected and in case of issuance of patta, after survey, the directions issued by this Court in W.P(MD).No.7746 of 2020 batch, dated 23.09.2020 should be scrupulously followed.

5.With the above directions, the writ petition, is disposed of. No costs.

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

1. The Tahsildar, Ottanchatram Taluk, Dindigul District.

2. The Taluk Head Surveyor, Ottanchatram Taluk, Dindigul District.

3. The Inspector of Police, Ambiligai Police Station, Dindigul District.

+1 CC to the SPL GP ( SR-22193[F] dated 19/11/2020 ) W.P(MD)No.16113 of 2020 18.11.2020 KG(CO) CS(14.12.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2