John Britto v. The Tahsildar
W.P.(MD) No.20899 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD) No.20899 of 2021 John Britto ... Petitioner vs.
1.The Tashildar, Avudaiyarkovil Taluk, Pudukkottai District.
2.The Head Surveyor, Avudaiyarkovil Taluk, Pudukkottai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to survey the petitioner's land in S.No.22/13, situated at No.72, Ponpethi Village, Avudaiyarkovil Taluk, Pudukkottai District, based on his application dated 05.10.2021.
For Petitioner : Mr.M.Ramu For Respondents : Mr.S.Shanmugavel Additional Government Pleader
O R D E R
The writ petition has been filed in the nature of a writ of mandamus seeking a direction to the respondents, particularly, the first respondent/Tahsildar, Avudaiyarkovil Taluk, Pudukkottai District, with the assistance of the Head Surveyor of the said Taluk to measure the lands of the petitioner in S.No.22/13, measuring 19 ares (48 cents) at No.72, Ponpethi Village, Avudaiyarkovil Taluk, Pudukkottai District. The petitioner had submitted an application in this regard on 05.10.2021 and had also paid necessary charges. A copy of the challan had also been filed.
2.The learned counsel for the petitioner claims that originally, the patta stood in the name of the vendor of the petitioner. The petitioner, thereafter, purchased the property by a registered sale deed, dated 30.10.2013. The patta and adangal were thereafter, mutated in the name of the petitioner. Now the petitioner seeks to survey the land.
3.Heard Mr.S.Shanmugavel, learned Additional Government Pleader, who takes notice on behalf of both the respondents. 4.A direction is given to the first respondent/Tahsildar, Avudaiyarkovil Taluk, Pudukkottai District, to issue notice to the https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD) No.20899 of 2021 petitioner and anybody else whom the Tashildar determines are required, examine the documents furnished by the petitioner and thereafter, proceed with the assistance of the second respondent to conduct survey of the lands of the petitioner. The entire exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.
5.With the above observations, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) sji 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 1.The Tashildar, Avudaiyarkovil Taluk, Pudukkottai District.
2.The Head Surveyor, Avudaiyarkovil Taluk, Pudukkottai District.
+1 CC to M/s.M. RAMU, Advocate ( SR-35670[F] dated 24/11/2021 ) +1 CC to M/s.SPL GP ( SR-35882[F] dated 25/11/2021 ) W.P.(MD) No.20899 of 2021 24.11.2021 RD(06.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2