Madras High CourtWP(MD)/21701/2024allowed

K.Gunasingh v. The Tahsildar

2024-09-12Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA 1.K.Gunasingh 2.K.Jayachandran .. Petitioners Vs.

1.The Tahsildar, Eral Taluk, Thoothukudi District.

2.The Taluk Surveyor, Eral Taluk, Eral, Thoothukudi District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to rectify the errors made in the FMB after the subdivision in respect of the Survey No.205/5A2 and 205/5A3, Vazhavallan Village, Eral Taluk, Thoothukudi District after conducting Survey by considering the petitioner's representations, dated 20.06.2024 and 11.07.2024 within the time stipulated by this Court.

For Petitioner : Mr.I.Robert Chandra Kumar For Respondents : Mr.B.Saravanan Additional Government Pleader

ORDER

Despite the petitioner complying with the request of the respondents for keeping the land free of the overgrown Karuvelam trees so as to enable them to survey the land on the basis of the petitioner's representation, dated 20.06.2024, the same has not been conducted. Hence, the petitioner is before this Court for a direction that the survey, measurement and demarcation of the land belonging to the petitioner be done at earliest.

2. Apparently, the records would show that the representation was made by the petitioner on 20.062024. Pursuant to which he was informed that since there are overgrown shrubs in the premise, survey could not be take place. Thereafter, the same has also been cut and removed by the petitioner. Despite the same, no further action has been taken on the side of the respondents.

3. Taking note of the above fact, the survey shall be conducted by the respondents within a period of two (2) weeks from the date of receipt of copy of this order and the compliance shall be reported to the Court in the form of a written compliance.

4. With the above directions, this Writ Petition stands allowed. No costs.

12.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The Tahsildar, Eral Taluk, Thoothukudi District.

2.The Taluk Surveyor, Eral Taluk, Eral, Thoothukudi District.

P.T.ASHA, J.

gbg 12.09.2024