R.Jeganathan v. The Assistant Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA R.Jeganathan .. Petitioner Vs.

1.The Assistant Director, District Survey Office, Ramanathapuram.

2.The Tahsildar, Taluk Office, Paramakudi Taluk, Ramanathapuram District.

3.The Deputy Surveyor, Taluk Survey Office, Paramakudi.

4.J.Stephenraj .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 to 3 to measure the petitioner's property in S.No.332/11 in an extent of 10 cents, in Patta No.1288, Soodiyur Village, Paramakudi Taluk, Ramanathapuram District and consequently direct the respondents 1 to 3

to lay survey boundaries stone, after due measurement in accordance with law, within the stipulated time to be fixed by this Court. For Petitioner :

Mr.J.John For RR1 to 3 :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed for a mandamus to issue direction to respondents 1 to 3 to measure the petitioner's property in S.No.332/11 to an extent of 10 cents, in Patta No.1288, Soodiyur Village, Paramakudi Taluk, Ramanathapuram District and consequently direct the respondents 1 to 3 to lay survey boundary stones, after due measurement in accordance with law.

2. The case of the petitioner is that his father was the owner of the aforesaid property in S.No.332/11 and a patta in Patta No.233 was also issued to him. The petitioner's father constructed a house and was paying house tax and the house was also electrified. In the year 2001, the petitioner went to Oman, due to his poverty and was visiting India once

in three years and he finally returned to India in 2023. The father of the petitioner died in the year 2009 leaving behind the petitioner, his two brothers and sister as legal heirs. Meanwhile, the fourth respondent was trying to occupy the petitioner's father's property. In this regard, the petitioner made a representation dated 22.09.2023 to the respondents to measure and demarcate the boundaries in S.No.332/11 to an extent of 10 cents. To date no action has been taken by respondents 1 to 3. Therefore, the present writ petition.

3. Heard Mr.J.John, learned counsel for the petitioner and Mr.B.Saravanan, learned Additional Government Pleader for respondents 1 to 3.

4. Considering the request made by the petitioner and upon hearing the learned counsel for the parties, this Court directs respondents 1 to 3 to measure the property in S.No.332/11 to an extent of 10 cents, in Patta No.1288, Soodiyur Village, Paramakudi Taluk, Ramanathapuram District and fix boundaries within a period of eight weeks from the date of receipt

of a copy of this order, after following the due procedure and after an enquiry and if objections are received, the same shall also be considered.

5. With the above direction, this Writ Petition is allowed. No costs.

05.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The Assistant Director, District Survey Office, Ramanathapuram.

2.The Tahsildar, Taluk Office, Paramakudi Taluk, Ramanathapuram District.

3.The Deputy Surveyor, Taluk Survey Office, Paramakudi.

P.T.ASHA, J.

abr Dated: 05.08.2024