Madras High CourtWP(MD)/18004/2020disposed of

D. Alexander v. The Tahsildar

2020-12-09Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2020

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.18004 of 2020 D.Alexander ... Petitioner Vs.

The Tahsildar, Aundipatti Taluk, Aundipatti, Theni District.

... Respondent Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondent to survey the lands in Survey No.1056/2A, 2B, 2C, 2D and 2E situated at Shanmugasundarapuram Village, Aundipatti Taluk, Theni District in pursuant to the petitioner's request dated 26.02.2020 in Chalan No.7045.

For Petitioner : Mr.P.Arun Jayatram For Respondent : Mr.P.Kannithevan Additional Government Pleader

ORDER

The petitioner has come forward with this Writ Petition, seeking a direction to the respondent to survey the lands in Survey No.1056/2A, 2B, 2C, 2D and 2E situated at Shanmugasundarapuram Village, Aundipatti Taluk, Theni District based on the petitioner's representation dated 26.02.2020 in Chalan No.7045.

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

3. Mr.P.Kannithevan, learned Additional Government Pleader accepts notice on behalf of the respondents.

4. According to the petitioner, the property comprised in S.No.1056/2A to an extent of 0.10.50 hectares, S.No.1056/2B to an extent of 0.05.0 hectares, S.No.1056/2C to an extent of 0.17.0 hectares, S.No.1056/2D to an extent of 42 cents and S.No.1056/2E to an extent of 0.15.0 hectares, situated in Shanmugasundarapuram 1/3

Village, Aundipatti Taluk, Theni District was purchased by the petitioner through sale deed in Document No.6314/2009 dated 30.11.2009 and from that date onwards, the above said property is in possession and enjoyment of the petitioner and his family members. In order to survey the property, the petitioner made an application to the respondent and he has paid the necessary fees and also received the chalan. Thereafter, the petitioner made a representation to the respondent on 26.02.2020 in this regard. 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 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. In case of issuance of patta, survey needs to be conducted and 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. The second respondent is also directed to submit a report to the first respondent in this regard as per his proceedings dated 19.03.2018.

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-II) // 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 The Tahsildar, Aundipatti Taluk, Aundipatti, Theni District.

+1 CC to the SPL GP ( SR-24909[F] dated 10/12/2020 ) W.P.(MD)No.18004 of 2020 09.12.2020 KG(CO) CS(22.12.2020) 3P 3C 3/3