Murugesan v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.22881 of 2022 Murugesan ... Petitioner Vs

1. The Tahsildhar Kadavur Taluka office Karur District

2. The Head Surveyor Kadavur Taluka office Karur 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 first respondent to survey and demarcate the boundaries of the petitioner`s properties comprised in Survey Nos. 1756/5 extend 00.40 cents, 1756/6 extend 0.9 1/2 cents and 1756/9 extend 2 acers 13 cents situated at T. Edayappatti Keelpagam, D.Edayappatti East, Kadavur Taluk, Karur District by considering his representation dated 19.09.2022 For Petitioner : Mr.B.Deepak For Respondents: Mr.D.Sadiq Raja Additional Government Pleader 1/5

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the first respondent to survey and demarcate the boundaries of the petitioner`s properties comprised in Survey Nos. 1756/5 extend 00.40 cents, 1756/6 extend 0.9 1/2 cents and 1756/9 extend 2 acers 13 cents situated at T. Edayappatti Keelpagam, D.Edayappatti East, Kadavur Taluk, Karur District by considering his representation dated 19.09.2022 2.Heard Mr.B.Deepak, learned counsel appearing for the petitioner and Mr.D.Sadiq Raja, learned Additional 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.The learned counsel for the petitioner submits that the petitioner's grand father had two sons namely Perumal Konar/petitioner's father and Karuppanna Konar.

The petitioner's grand father had so many properties and after his demise, the said properties were jointly enjoyed the petitioner's father Perumal konar and Karuppana konar. Whileso, the petitioner's father decided to partition his properties to his legal heirs. On 19.12.

petitioner had executed a partition deed in favour of his two sons, in which survey No.1756/5,1756/6 and 1756/9 were allotted to the petitioner and he enjoyed the same for the past 22 years. On 02.08.2022 the petitioner approached the first respondent by way of petition and he he also paid a sum of Rs.2,800/- vide e.challan for measuring his properties. Since the same was not considered in time, the petitioner has submitted another representation dated 19.09.2022 and also paid Rs.2800/-to measure and demarcate his properties. . Even then no action was taken by the first respondent, hence the present petition has been filed with the above said prayer.

4. The learned Additional 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 first respondent. 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. 3/5

6.This Writ Petition stands disposed of with the above directions. No costs.

29.09.2022 Index : Yes/No Internet:Yes/No aav To

1. The Tahsildhar Kadavur Taluka office Karur District

2. The Head Surveyor Kadavur Taluka office Karur District 4/5

V.BHAVANI SUBBAROYAN, J.

aav W.P(MD)No.22881 of 2022 29.09.2022 5/5