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Madras High CourtWP(MD)/21824/2021disposed of

Karuppaiah S v. The District Head Surveyor

2021-12-09Honourable Mr Justice C.V. Karthikeyan2 pages

W.P.(MD).No.21824 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD).No.21824 of 2021 S.Karuppaiah ... Petitioner Vs.

1. The District Head Surveyor, Ramanathapuram, Ramanathapuram District.

2. The Tahsildar, Taluk Office, Mudhukulathur Taluk, Ramanathapuram District.

3. The Firka Surveyor, Taluk Office, Mudhukulathur Taluk, Ramanathapuram District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the respondents 1 to 3 to survey and demarcate the petitioner's properties comprised in Patta No.103 in Survey No.229/16, to an extent of 223 Sq.Mt and in Patta No.797 in Survey No.229/6, to an extent of 29 Sq.Mt, situated at Venneer Vaaikaal Village, Vilankulathur Group, Mudhukulathur Taluk, Ramanathapuram District, by considering the petitioner's representation dated 01.10.2021 submitted to the respondents.

For Petitioner : Mr.K.Sivabalan For Respondents : Mr.D.Ghandiraj Special Government Pleader

ORDER

This Writ Petition has been filed in the nature of Mandamus seeking a direction against the respondents to survey and demarcate the properties of the petitioner in Patta No.103 in Survey No.229/16, measuring 223 square metres and also in Patta No.797 in Survey No.229/6, measuring to an extent of 29 square metres in Venneer Vaaikaal Village, Vilankulathur Group, Mudhukulathur Taluk, Ramanathapuram District. The petitioner had given an application/representation on 01.10.2021. The petitioner had also paid necessary fees on 05.08.2021.

2. Mr.D.Ghandiraj, learned Special Government Pleader takes notice for respondents 1, 2 and 3.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.21824 of 2021

3. Without entering into any further discussion with respect to the title, or other aspects, a direction is given to the second respondent/ the Tahsildar, Madhukulathur Taluk, Ramanathapuram District to issue notice to the petitioner on basis of the representation already given by the petitioner, examine the records of the petitioner and thereafter, with the assistance of the first and third respondents, proceed further to measure the lands of the petitioner and demarcate the same by placing stones on the boundaries.

4. The entire exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. The second respondent may also issue notice to any of the adjacent land owners, if it is required.

5. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (RECORDS) // True Copy // / /2021 Sub Assistant Registrar(CS) Nsr/Lm 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 District Head Surveyor, Ramanathapuram, Ramanathapuram District.

2. The Tahsildar, Taluk Office, Mudhukulathur Taluk, Ramanathapuram District.

3. The Firka Surveyor, Taluk Office, Mudhukulathur Taluk, Ramanathapuram District.

+1 CC to M/s.SPL GP (SR-38301[F] dated 13/12/2021 ) +1 CC to M/s.K.SIVABALAN, Advocate (SR-38001[F] dated 09/12/2021) W.P.(MD).No.21824 of 2021 09.12.2021 USK (20.12.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2