Chinnadurai v. The Thashildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Chinnadurai ... Petitioner Vs.

1.The Thashildar, Alangudi, Pudukottai District.

2.The Surveyor, Surveyor Office, Alangudi, Pudukottai District.

...Respondents

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 2nd respondent to survey and mark the four boundaries of the property situated to an extent of survey No.21/2, Plot Nos.44,45 ( 2621.5 sq.ft) and 46 ( 1310.75 sq.feet) in Alangudi town, Pudukottai District based on the representation dated 13/09/2021.

For Petitioner : Mr.N.Kamesh For Respondent : Mr.B.Saravanan Additional Government Pleader O RDER This writ petition has been filed for the issue of writ of mandamus directing the second respondent to survey and mark the boundary based on the representation made by the petitioner, dated 13.09.2021. 1/3

2.When the matter is taken up for hearing today, the learned Additional Government Pleader appearing on behalf of the respondents submitted that the patta for the subject property stands in the name of one Shanthi w/o Baskar. Copy of the patta has also been placed before this Court. 3.In view of the above, the petitioner has to necessarily seek for cancellation of the patta that is in the name of Shanthi and without doing the same, there is no question of directing the respondents to conduct survey. Therefore, liberty is granted to the petitioner to question the patta granted in favour of Shanthi in accordance with law.

4.This Writ Petition is disposed of in the above terms. No costs. 08.11.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No ta To 1.The Thashildar, Alangudi, Pudukottai District.

2.The Surveyor, Surveyor Office, Alangudi, Pudukottai District.

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N.ANAND VENKATESH, J.

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