Adaikkalamkathaan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2016 C O R A M THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.19289 of 2016 Adaikkalamkathaan .. Petitioner Vs.

1. The Tahsildar, Tahsildar Office, Thirumayam, Pudukkottai District.

2. The Head Surveyor, Thirumayam, Pudukkottai District.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to survey and fix the boundary stones the petitioner's land in survey No.354/4 with an extent of 0.08.50 hectors situated at Virachilai 1 Feet Village, Thirumayam Taluk, Pudukkottai District by considering the petitioner's representation dated 29.09.2016 within a time frame stipulated by this Court.

For Petitioner : Mr.E.Balasubramanian For Respondents : Mr.V.Muruganandham Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking a direction to the respondents to survey and fix the boundary stones the petitioner's land in survey No.354/4 with an extent of 0.08.50 hectors situated at Virachilai 1 Feet Village, Thirumayam Taluk, Pudukkottai District by considering the petitioner's representation dated 29.09.2016 within a time frame stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

https://hcservices.ecourts.gov.in/hcservices/

3. According to the petitioner, he is an owner of the property in Survey No.354/4 measuring to an extent of 0.08.50

hectors situated at Virachilai 1 Feet Village, Thirumayam Taluk, Pudukkottai District and Patta was also issued in his name. He filed an application before the first respondent/Tahsildar on 26.09.2016 to measure the property with the help of surveyor and file a report and he also paid necessary fees for the same. However, the first respondent did not conduct survey. Further, the petitioner has sent representation on 29.09.2016 to the respondents. But, no order was passed so far. Hence, the petitioner filed the Writ petition, claiming to be the owner of the property.

4. In the above circumstances, the first respondent is directed to consider the representation and conduct survey, after giving notice to the petitioner and other neighbouring land owners, within a period of twelve weeks from the date of receipt of a copy of this order.

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

Sd/ Assistant Registrar(A.E.) /TRUE COPY/ Sub Assistant Registrar To

1. The Tahsildar, Tahsildar Office, Thirumayam, Pudukkottai District.

2. The Head Surveyor, Thirumayam, Pudukkottai District.

+1cc to M/S.E.Balasubramanian, Advocate in SR.No.59299. +1cc to Special Government Pleader Madurai Bench of Madras High Court, Madurai in SR.No.59825.

W.P.(MD)No.19289 of 2016 05.10.2016 pmu msm/ss3/20.10.16/p2/5c https://hcservices.ecourts.gov.in/hcservices/