Madras High CourtWP(MD)/20692/2023disposed of accordingly

Dinesh v. The Tahsildar

2023-08-25Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Dinesh ... Petitioner Vs The Tahsildar, Thirupparankundram Taluk, Madurai.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, directing the respondent to survey and demarcate the petitioner's property in Survey No.366/1, Thiruparankundram Taluk, Madurai within the time that may be stipulated by this Court.

For Petitioner : Mr.M.Mahaboob Athiff For Respondent : Mr.M.Sarangan Additional Government Pleader 1/6

O R D E R

The case of the petitioner is that the land in S.No.366/1 of Thiruparankundram Taluk is the petitioner's ancestral property and the same has been gifted to him by a document No.2088 of 2023, dated 29.03.2023. The petitioner has approached the authorities for mutation of revenue records. However, the same was not considered by the respondents. Therefore, the petitioner has filed a writ petition in WP(MD) No.20260 of 2023 and this Court has passed an order directing the revenue officials to take a decision on the petitioner's application for mutation of revenue record. In the meantime, the petitioner has also submitted an application on 07.07.2023 to survey and fix the boundary of his land and has filed this writ petition for a Mandamus, directing the respondents to survey the petitioner's land to fix the boundaries.

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2.Mr.M.Sarangan, learned Additional Government Pleader, who takes notice for the respondents, on instructions submits that the application of this petitioner for mutation of revenue records in WP(MD) No. 20260 of 2023 was disposed of by this Court only on 21.08.2023 with a direction to the Tahsildar to consider the application of this petitioner for changing patta within a period of eight weeks from the date of receipt of a copy of that order. The respondents have to conduct an enquiry and to take a decision on the earlier application filed by the petitioner. In the event, if a patta was granted in favour of this petitioner, the application, dated 07.07.2023 for survey of the petitioner's land, would be considered within a reasonable time. 3.Considering the rival submissions made that the earlier writ petition filed by this petitioner seeking change of patta was disposed of by this Court only on 21.08.2023 enabling the respondent to conduct the enquiry and to take a decision within a period of eight 3/6

weeks, this writ petition is disposed of with a direction to the respondents to take a decision on the application of this petitioner for survey of his land within a period of six weeks from the date of decision taken by them on the application filed for mutation of revenue records. No costs.

25.08.2023 NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

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To The Tahsildar, Thirupparankundram Taluk, Madurai.

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B.PUGALENDHI, J.

vrn Order made in 25.08.2023 6/6