Madras High CourtWP(MD)/16839/2021disposed of

Prema, v. The Thasildar

2023-11-07Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2023

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Prema W/o.Murugan Rep.by her power of Attorney Krishnamoorthy ... Petitioner (*name of the petitioner is amended vide order dated 07.11.2023 made in W.M.P(MD).No.18566 of 2021 in W.P(MD).No.16839 of 2021*) Vs.

1.The Thasildar, Survey Department, Thanjavur Taluk, Thanjavur District.

2.The Head Surveyor, Thanjavur Taluk, Thanjavur District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondents to take appropriate action on the petitioner's application dated 19.07.2021 to survey the land in plot Nos.11 and 12 of Fathima Nagar, old S.Nos.8,9, 20, 21, 22, 23 and 24, New S.No.23/8 in Patta No.2381, Villar Village, Thanjavur Taluk, Thanjavur District, within stipulated time. 1/4

For Petitioner : Mr.A.Arun Prasad For Respondents : Mr.A.K.Manikkam Special Government Pleader

ORDER

This Writ Petition has been filed for issuance of a writ of Mandamus directing the respondents to deal with the application submitted by the petitioner dated 19.07.2021, wherein, the petitioner has sought for survey of the subject property.

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

3. It is seen from the records that the petitioner has already made an application for survey and necessary fee has already been paid. The petitioner is claiming right over the subject property by virtue of patta No.2381. In view of the same, there shall be a direction to the first respondent to deal with the application dated 19.07.2021 made by the petitioner and take a decision with regard to survey of the subject property. This process shall be completed within a period of four weeks from the date of receipt of a copy of this order. If there are any other 2/4

interested parties, notice shall also be given to them before undertaking survey.

4. This Writ Petition is disposed of with the above directions. There shall be no order as to costs.

07.11.2023 Index :Yes/No Internet : Yes/No ssb To 1.The Thasildar, Survey Department, Thanjavur Taluk, Thanjavur District.

2.The Head Surveyor, Thanjavur Taluk, Thanjavur District.

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N.ANAND VENKATESH.J., ssb Order made in Dated :

07.11.2023 4/4