Madras High CourtWP(MD)/22939/2022disposed of

Ramachandran.M v. The Tahsildar

2022-09-29Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.22939 of 2022 M.Ramachandran ... Petitioner Vs 1.The Tahsildhar Office of the Tahsildhar Madurai West Madurai District

2. The Head Surveyor Office of the Tahsildhar Madurai West Madurai 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 second respondent to measure the land in Survey No.39/5A, (Patta No.337) situated at Karadipatti Village, Madurai South Taluk, Madurai based on the petitioners application dated 04.07.2022 and submit the report to the 1st Respondent within a stipulated time fixed by this Hon'ble Court For Petitioner : Mr.D.S.Haroon Rasheed For Respondents: Mr.D.Gandhiraj Special Government Pleader 1/5

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the second respondent to measure the land in Survey No.39/5A, (Patta No.337) situated at Karadipatti Village, Madurai South Taluk, Madurai based on the petitioners application dated 04.07.2022 and submit the report to the 1st Respondent within a stipulated time fixed by this Hon'ble Court 2.Heard Mr.D.S.Haroon Rasheed, learned counsel appearing for the petitioner and Mr.D.Gandiraj, learned Special Government Pleader, who takes notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. It is the case of the petitioner that properties in S.No.39/5A was purchased by his father Marimuthu from one Ayyanar on 10.08.1990 through registered sale deed Document vide Document No.1660 of 1990 in the office of the Sub Registrar, Arasaradi. The father of the petitioner died on 22.01.2022 leaving behind four legal heirs including the petitioner herein. After his death all the legal heirs have decided to survey the land and has given a representation dated 04.07.2022 to the respondents and also paid the requisite 2/5

fees. Since the request was not considered by the first respondent, the petitioner has filed the present writ petition for the relief stated supra. 4.The learned Special Government Pleader appearing for the respondents submits that the petitioner's representation would be considered upon production of relevant documents by him and appropriate orders would be passed, within a time frame.

5.Considering the above said facts and circumstances of the case, this Court directs the petitioner to produce all the relevant documents before the respondents. On receipt of all the relevant documents, the first respondent is directed to survey the lands of the petitioner and demarcate the boundaries, within a period of four weeks from the date of receipt of a copy of this order. 6.This Writ Petition is disposed of with the above direction. No costs. 29.09.2022 Index : Yes/No Internet:Yes/No aav 3/5

To 1.The Tahsildhar Office of the Tahsildhar Madurai West Madurai District

2. The Head Surveyor Office of the Tahsildhar Madurai West Madurai District 4/5

V.BHAVANI SUBBAROYAN, J.

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