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Madras High CourtWP(MD)/6468/2017disposed of

P.A.Andichamy v. The Tahsildar

2017-04-17Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 17.04.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.6468 of 2017 P.A.Andichamy ..Petitioner Vs The Tahsildar, Natham Taluk, Dindigul District.

..Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to survey the Petitioner's land in S.F.No.32/14, 40/5, 40/9, 40/1 and 42/2A, measuring an extent of 0.98.0 hectares situated at Velampatti Village, Natham Taluk, Dindigul District on the Petitioner's application dated 30.6.2015 under Section 5 of the Tamil Nadu Survey and Boundary Act, 1923, within the time frame fixed by this Court.

For Petitioner :M/s.T.Vadivelan For Respondent :Mr.M.Alagathevan Special Govt. Pleader

ORDER

The Petitioner has approached this Court seeking issuance of a Writ of Mandamus directing the respondent to survey the Petitioner's land in S.F.No.32/14, 40/5, 40/9, 40/1 and 42/2A, measuring an extent of 0.98.0 hectares situated at Velampatti Village, Natham Taluk, Dindigul District on the Petitioner's application dated 30.6.2015 under Section 5 of the Tamil Nadu Survey and Boundary Act, 1923, within the time frame fixed by this Court.

2.Mr.M.Alaguthevan, learned Special Government Pleader takes notice for the respondent.

3.By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself. 4.According to the Petitioner, the property in Resurvey No. 32/14, 40/5, 40/9, 40/1 and 42/2A, measuring an extent of 0.98.0 hectares situated at Velampatti Village, Natham Taluk, Dindigul https://hcservices.ecourts.gov.in/hcservices/

District is an ancestral property and the Petitioner has been in possession and enjoyment of the same. The Petitioner wants to put up fencing around his property in order to safe-guard and protect his crops. In the said circumstances, the Petitioner had approached the respondent for survey and fix the boundaries of the subject-property and according to the petitioner, he had also paid necessary fees for the same, as early as on 30.06.2015. However, till date, in-spite of his attempt to get his property surveyed, no action has been forth-coming from the respondent. Therefore the Petitioner is before this Court for issuance of a Writ of Mandamus for the relief stated supra.

5.Heard the learned counsel for the Petitioner and the learned Special Government Pleader appearing for the respondent and perused the materials placed before this Court. 6.Since the direction sought for in the Writ Petition is only to survey and fix the boundaries of the land and his request has been pending since 30.6.2015, I am of the considered view that the direction sought for in this Writ Petition is to be allowed. 7.In view of the above, the respondent is directed to survey and fix the boundaries of the land of the Petitioner in Resurvey No. 32/14, 40/5, 40/9, 40/1 and 42/2A, measuring an extent of 0.98.0 hectares situated at Velampatti Village, Natham Taluk, Dindigul District in pursuance of the necessary fees paid by the Petitioner on 30.6.2015, within a period of six weeks from the date of receipt of a copy of this order.

8.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To The Tahsildar, Natham Taluk, Dindigul District.

+1cc to Mr.T.Vadivelan,Advocate,SR.52128 +1cc to M/S THE SPECIAL GOVERNMENT PLEADER, SR.NO.52504 W.P(MD)No.6468 of 2017 17.04.2017 VSN kk/MMS/10.05.2017-2P-4C https://hcservices.ecourts.gov.in/hcservices/