Madras High CourtWP(MD)/19199/2023disposed of

Thangaraj v. The Thasildar

2023-08-08Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Thangaraj ... Petitioner Vs 1.The Tahsildar, Taluk Office, Ottapidaram, Ottapidaram Taluk, Thoothukudi District.

2.The Head Surveyor, Taluk Office, Ottapidaram Taluk, Thoothukudi District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 & 2 to survey and mark four boundaries of the petitioner's land property with an extent of 4140 square feet., situated in Survey No.132/13, Middle Street, Thuppaspatti, Kela Arasadi Village, Ottapidaram Taluk, Thoothukudi District based on petitioner's representation dated 12.04.2023 within stipulated time that may be fixed by this Court.

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For Petitioner :Mr.R.Karunanidhi For Respondents :Mrs.D.Farjana Gowshia Special Government Pleader

O R D E R

The petitioner has submitted an application on 12.04.2023 to survey his land in Survey No.132/13, Middle Street, Thuppaspatti, Kela Arasadi Village, Ottapidaram Taluk, Thoothukudi District and has immediately filed this writ petition for a Mandamus, directing the respondents to complete the survey within a stipulated time.

2.Mrs.D.Farjana Gowshia, learned Special Government Pleader, who takes notice for the respondents, submits that the application of the petitioner has been received along with the requisite fee and it would be considered on seniority basis within a reasonable time after issuing notice to the adjacent land owners. 3.Recording the submissions made by the learned Special Government Pleader that the application of the petitioner is 2/4

under process, this writ petition is disposed of with a direction to the respondents to conduct an enquiry as per Section 10(1) of the Tamil Nadu Survey and Boundaries Act, 1923 and thereafter proceed with the survey depending upon the outcome of the enquiry. Such exercise shall be concluded within a period of twelve weeks from the date of receipt of a copy of this order. No costs. 08.08.2023 NCC : Yes / No.

Index : Yes / No.

Internet:Yes am To 1.The Tahsildar, Taluk Office, Ottapidaram, Ottapidaram Taluk, Thoothukudi District.

2.The Head Surveyor, Taluk Office, Ottapidaram Taluk, Thoothukudi District.

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B.PUGALENDHI, J.

am Order made in 08.08.2023 4/4