Madras High CourtWP(MD)/4361/2017disposed of

K.Subbaiah, v. The Tahsildar

2017-03-15Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.03.2017 CORAM :

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.4361 of 2017 K.Subbaiah ... Petitioner Vs.

1.The Tahsildar, Taluk Office, Aranthangi Taluk, Pudukkottai District.

2.The Taluk Surveyor, Aranthangi Taluk Office, Aranthangi Taluk, Pudukkottai District ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents herein to survey and measure the property of the petitioner comprised in S.No.340/2A6 measuring 0.42.0 hectares situated at Azhiyanillai Village, Aranthangi Taluk, Pudukkottai District, based on the representation of the petitioner dated 31.07.2015 within a reasonable time fixed by this Court.

For Petitioner : Mr.V.S.Kumaraguru For Respondents : Mr.K.Mahes Raja Government Advocate

O R D E R

The writ petition has been filed for a writ of Mandamus directing the respondents herein to survey and measure the property of the petitioner comprised in S.No.340/2A6 measuring 0.42.0 hectares situated at Azhiyanillai Village, Aranthangi Taluk, Pudukkottai District, based on the representation of the petitioner, dated 31.07.2015 within a reasonable time.

2. Mr.K.Mahesh Raja, the learned Government Advocate takes notice for the respondents.

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3. By consent, the writ petition itself is taken up for final

disposal at the admission stage.

4. According to the petitioner, he is the absolute owner of the property comprised in Survey No.340/2A6 measuring 0.42.0 hectares situated at Azhiyanillai Village, Aranthangi Taluk, Pudukkottai District. He was also granted patta for the said land. He has been in possession and enjoyment of the property continuously without any interference. The petitioner has made an application before the first respondent on 18.03.2015 and 31.07.2015 for surveying the land. But till date, according to the petitioner, no action has been taken by the respondents for identifying the boundaries and surveying the land. Therefore, the petitioner has approached this Court seeking for a direction as stated supra.

5. Considering the limited scope of the prayer sought for by the petitioner in the writ petitioner, the writ petition is disposed of with a direction to the respondents to carry out the survey identifying the boundaries of the subject land within a period of four weeks from the date of receipt of a copy of this order. It is also open to the authorities to issue notice to the rival claimants if any, interested in the subject land. No costs. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Tahsildar, Taluk Office, Aranthangi Taluk, Pudukkottai District.

2.The Taluk Surveyor, Aranthangi Taluk Office, Aranthangi Taluk, Pudukkottai District.

+1cc to SPECIAL GOVERNMENT PLEADER in SR. NO.15528 +1cc to M/s. V.S.KUMARAGURU Advocate in SR.No.14978 JS/JC/10.04.2017/2P-5C W.P(MD)No.4361 of 2017 15.03.2017 https://hcservices.ecourts.gov.in/hcservices/