Madras High CourtWP(MD)/16527/2021disposed of

Subramanian.R v. The District Collector

2021-09-16Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.09.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY R.Subramanian ... Petitioner Vs.

1.The District Collector, Ramnad District, Ramnad.

2.The Tashildar, Paramakudi Taluk, Paramakudi, Ramnad District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to consider and dispose of the petitioner's representation dated 10.08.2021 for surveying the properties within stipulated time.

For Petitioner : Mr.T.A. Ebenezer For Respondents : Mr.P. Subbaraj Counsel for State

ORDER

The petitioner seeks a direction for the survey of his property on the basis of a representation dated 10.08.2021 in such regard.

2 . The petitioner states that he purchased the property bearing Survey No.359/1A1, Pambuvilunthan Village, Plot Nos.39 to 42 of an extent of 5 1⁄2 cents by registered sale deed dated 19.04.1979 bearing Document No.716, registered on the file of Sub-Registrar, Paramakudi.

3. With a view to demarcate the boundaries of the said property, the petitioner states that he submitted an application to the Tahsildar on 10.08.2021 and remitted the necessary fees in connection therewith. The present Writ Petition is filed on account of the alleged failure of the respondent to take action thereon. 1/3

4. Mr.P.Subbaraj, learned Counsel for the State, accepts notice on behalf of both the respondents. He submits that the petitioner may be directed to produce the patta either in his name or in the name of his vendor as a condition precedent for the consideration of his application for survey.

5. The petitioner has enclosed a copy of the sale deed dated 19.04.1979 in his favour. However, neither the patta in his name nor in the name of his predecessor in interest is enclosed. Accordingly, the petitioner is permitted to submit a copy of the patta either in his name or in the name of his predecessor in interest to the Tahsildar within a period of four (4) weeks from the date of receipt of a copy of this order. Upon receipt thereof, the second respondent is directed to consider the petitioner's application for survey dated 10.08.2021 and take necessary action thereon after providing a reasonable opportunity to the petitioner and to the owners of adjoining properties, who may be impacted by the conduct of a survey. The entire exercise shall be completed within a period of three (3) months from the date of receipt of the patta from the petitioner.

6. Accordingly, W.P.(MD).No.16527 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg/nsr 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 District Collector, Ramnad District, Ramnad.

2.The Tashildar, Paramakudi Taluk, Paramakudi, Ramnad District.

2/3

+1 CC to M/s.SPL. GP ( SR-29456[F] dated 17/09/2021 ) W.P(MD)No.16527 of 2021 16.09.2021 SRK(CO) KB(27.09.2021) 3P 4C 3/3