Madras High CourtWP(MD)/20724/2016disposed of

M.Murugesan v. The Tahsildar,

2016-10-26Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2016 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.20724 of 2016 M.Murugesan ... Petitioner Vs.

1. The Tahsildar, Musiri Taluk, Trichy District.

2. The Taluk Surveyor, Musiri Taluk, Trichy District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 and 2 survey and earmark the boundaries in S.Nos.538/28 538/23 538/4 and S.No. 941 of Pillapalayam Village Musiri Taluk Trichy District.

For Petitioner : Mr.R.Murali for M/s.K.Govindarajan For Respondents : Mr.J.Gunaseelan Muthiah, Government Advocate.

ORDER

This writ petition has been filed seeking for a direction to the respondents 1 and 2 to survey and earmark boundaries in S.Nos.538/28, 538/23, 538/4 and 941, Pillapalayam Village, Musiri Taluk Trichy District.

2.Heard Mr.R.Murali, learned counsel appearing for the petitioner. Mr.J.Gunaseelan Muthiah, learned Government Advocate takes notice on behalf of the respondents. By consent, the writ petition itself is taken up for final disposal at the stage of admission.

3.According to the petitioner, the petitioner said to have made an application before the first respondent on 10.08.2016 to measure the above said lands and demarcate boundaries and he has https://hcservices.ecourts.gov.in/hcservices/

also paid necessary fees for the same.

4.Learned Government Advocate appearing for the respondents would submit that based on the application of the petitioner, the respondents took steps to survey the land and at the time of surveying land, one Sivasankaran, the adjacent land owner raised objection and therefore, they are not in a position to complete the survey.

5.In such view of the matter, the respondents are directed to survey the land in respect of the petitioner in the presence of both the petitioner and the said Sivasankaran, with reference to the revenue records and the petitioner's title deeds and considering the objections if any. The above said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

5.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To

1. The Tahsildar, Musiri Taluk, Trichy District.

2. The Taluk Surveyor, Musiri Taluk, Trichy District.

+ 1 CC TO Mr.K.GOVINDARAJAN, ADVOCATE IN SR No. 63852 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 64236 SMS TE/CK : 24/11/2016 : 2P/5C Writ Petition (MD) No.20724 of 2016 26.10.2016 https://hcservices.ecourts.gov.in/hcservices/