Subbaiah v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.10.2022

CORAM

THE HONOURABLE Mrs. JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.23697 of 2022 Subbaiah, S/o.Sangaiah .. Petitioner

Versus

1.The Tahsildar, Manoor Taluk, Tirunelveli District.

2.The Taluk Surveyor (Land Survey), Manoor Taluk, Tirunelveli District.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to survey the petitioner's land in S.Nos.302, 303/1 and 303/2 of Azhagia Pandiyapuram Village, Manoor Taluk, Tirunelveli District and lay survey stones within a time frame as fixed by this Court.

For Petitioner :

Mr.A.Srinivasan For Respondents :

Mr.D.Gandhiraj Special Government Pleader

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the respondents to survey his lands in S.Nos.302, 303/1 and 303/2 of Azhagia 1/4

Pandiyapuram Village, Manoor Taluk, Tirunelveli District and lay the boundary stones, within a time frame to be fixed by this Court. 2.Heard Mr.A.Srinivasan, learned counsel appearing for the petitioner and Mr.D.Gandhiraj, learned Special Government Pleader, who takes notice for the respondents. By consent of both sides, the Writ Petition is taken up for final disposal at the admission stage itself. 3.According to the petitioner, he is the owner of the aforesaid properties and Pattas in respect of the said properties have been issued in his favour. In order to survey the above said properties and demarcate the boundaries, the petitioner had paid necessary charges through E-Challan on 24.02.2022 and 22.03.2022. However, no steps were taken by the respondents. Hence, the petitioner sent a representation dated 24.09.

2022 to the respondents along with the receipts for the necessary charges. Even after receipt of the said representation, the respondents have not taken any action. Having left with no other effective and efficacious alternative remedy, the petitioner has approached this Court by way of filing the present Writ Petition for the relief stated supra.

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4.The learned Special Government Pleader appearing for the respondents submitted that the petitioner's properties would be surveyed and demarcated on the basis of his representation, dated 24.09.2022, within a time frame to be fixed by this Court.

5.Considering the aforesaid submission made by the learned Special Government Pleader appearing for the respondents, this Court, without going into the merits of the case, directs the respondents to survey the properties in question and demarcate the boundaries, on the basis of the petitioner's representation, dated 24.09.2022, after affording an opportunity to all the necessary parties concerned, within a period of six weeks from the date of receipt of a copy of this order.

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

Index : Yes/No 14.10.2022 To 1.The Tahsildar, Manoor Taluk, Tirunelveli District.

2.The Taluk Surveyor (Land Survey), Manoor Taluk, Tirunelveli District.

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V.BHAVANI SUBBAROYAN, J.

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