Madras High CourtWP(MD)/16727/2023closed

Murugesan .C v. The Tahsildar

2023-07-12Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI C.Murugesan ... Petitioner Vs.

1.The Tahsildar, Radhapuram Taluk, Tirunelveli District.

2.Taluk Surveyor, Radhapuram Taluk, Tirunelveli 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 demarcate the boundary of the petitioner's land in S.No.818/2E admeasuring 7.50 cents situated at Thanakkarkulam Village, Radhapuram Taluk, Tirunelveli District, based on the petitioner's application dated 19.01.2022.

For Petitioner : Mr.T.Selvan For Respondents : Mr.M.Sarangan Additional Government Pleader 1/4

O R D E R

The petitioner claims that he has submitted a representation on 19.01.2022 before the respondents for surveying his lands and demarcating the boundaries in Survey No.818/2E, admeasuring 7.50 cents situated at Thanakkarkulam Village, Radhapuram Taluk, Tirunelveli District, and however, the same has not been considered so far. Hence, he has filed the present writ petition.

2. Mr.M.Sarangan, the learned Additional Government Pleader, who takes notice for the respondents, submits that based on the representation of the petitioner, notice under Section 10 of the Tamil Nadu Survey and Boundaries Act was issued to the adjacent land owners. However, one of the adjacent land owners, namely, Subbulakshmi, has refused to receive the notice. The Surveyor has also visited the place on 12.10.2022 and 17.11.2022 and could not ascertain the objections of the adjacent land owners. Therefore, the survey has not been conducted so far. The Surveyor has fixed the date for conducting the survey on 18.07.2023 and on that date, the survey will be conducted. 2/4

3. Recording the submission made by the learned Additional Government Pleader appearing for the respondents, this Writ Petition is closed. There shall be no order as to costs.

12.07.2023 Index: Yes/No Internet: Yes/No ssb To 1.The Tahsildar, Radhapuram Taluk, Tirunelveli District.

2.Taluk Surveyor, Radhapuram Taluk, Tirunelveli District.

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B.PUGALENDHI, J.

ssb 12.07.2023 4/4