Madras High CourtWP(MD)/17725/2020disposed of

Selvi v. The Thasildar

2020-12-08Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2020

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.17725 of 2020 Selvi ... Petitioner Vs.

1.The Tahsildar, Usilampatti Taluk Office, Usilampatti, Madurai District.

2.The Head Surveyor, Usilampatti Taluk Office, Usilampatti, Madurai District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the second respondent to measure the land in Old Survey No.220/8C (Sub Division 8C1 and 8C2) New Survey No.220/14A situated at Kottaiyur, Karumathur Village, Usilampatti Taluk, Madurai District based on the revenue records with the petitioner's application dated 23.10.2020 and submit the report to the first respondent within a stipulated time fixed by this Court.

For Petitioner : Mr.D.S.Haroon Rasheed For Respondent : Mr.M.Muniyasamy Additional Government Pleader.

ORDER

The petitioner has come forward with this Writ Petition, seeking a direction to the second respondent to measure the land in Old Survey No.220/8C (Sub Division 8C1 and 8C2) New Survey No.220/14A situated at Kottaiyur, Karumathur Village, Usilampatti Taluk, Madurai District based on the revenue records with the petitioner's application dated 23.10.2020 and submit the report to the first respondent within a stipulated time fixed by this Court. 1/3

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. Mr.M.Muniyasamy, learned Additional Government Pleader accepts notice on behalf of the respondents.

4. According to the petitioner, she has purchased the land in Survey No.220/8C to an extent of 2756 sq.ft., which was subdivided into two sub divisions, namely, 8C1 to an extent of 2600 sq.ft. and 8C2 to an extent of 156 sq.ft., on 21.10.2009 and the sale deed was registered in Doc No.1949/2009. Thereafter, patta was issued in the name of the petitioner in patta No.1248. In order to fix the four boundaries, the petitioner has approached the second respondent and also made a representation on 23.10.2020. However, the same has not been considered so far. In such circumstances, the petitioner has approached this Court.

5. This Court without going into the merits of the case, directs the second respondent to survey the property of the petitioner, after affording opportunity to the petitioner as well as the interested parties and the persons who are likely to be affected. The said survey shall be photographed and videographed in the presence of the petitioner and the costs of Photograph and Videograph to be borne by the petitioner. Such an exercise shall be completed, within a period of three (3) months from the date of receipt of a copy of this order. At the time of conducting survey and in case of issuance of patta, the guidelines issued by this Court in W.P.(MD)No.13465 of 2020, dated 13.10.2020 and W.P.(MD) Nos.7746 of 2020 etc., batch dated 23.09.2020, have to be scrupulously followed.

In case any Civil Suit is already pending, there is no need for measuring the land in question, as it is for the Civil Court to decide the matter. After the order of this Court any suit is filed, the officials hands are not tied to carry out the directions mentioned in the aforesaid two orders, as there is a possibility of one or other party to move the Court later and to stall the proceedings before the revenue authorities. Only exception is if an interim order operates against the authorities.

6. If the persons like the present petitioner, who are seeking to survey the land do not disclose the other persons, who are interested, they must file an affidavit that there are no third parties involved in the issue concerned and also there are no interested parties. In case, at a later point of time if the fact came to light that there is any interested parties, the decision taken by the authority in favour of the petitioner will stand automatically cancelled. Further, the averments made in the affidavit shall be reflected in their order so that the officer will not face any problem at a later point of time. More over, for filing a false affidavit, if appropriate action is taken, the person concerned will have to face imprisonment rather than fine. 2/3

7. Accordingly, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) PJL 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 Tahsildar, Usilampatti Taluk Office, Usilampatti, Madurai District.

2.The Head Surveyor, Usilampatti Taluk Office, Usilampatti, Madurai District.

+1 CC to Additional Government Pleader ( SR-24609[F] dated 09/12/2020 ) W.P.(MD)No.17725 of 2020 08.12.2020 VB (21.12.2020) 3P 4C 3/3