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Madras High CourtWP(MD)/23749/2022disposed of

Singa Manickam.B v. The Tahsildar

2022-10-14Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.10.2022

CORAM

THE HONOURABLE Mrs. JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.23749 of 2022 B.Singa Manickam .. Petitioner

Versus

1.The Tahsildar, Madurai North Taluk, Madurai District.

2.The Land Surveyor, Madurai, Madurai 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 and fix boundaries in the petitioner's property in S.No.154/52, Block No.22 in Block No.8, situated at Pothumpu II Bit, Madurai North Taluk, Madurai District, on the basis of the petitioner's representation, dated 24.05.2022, within a stipulated time frame to be fixed by this Court. For Petitioner :

Mr.M.Suresh 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 and fix boundaries in his property in S.No.154/52, 1/5

Block No.22 in Block No.8, situated at Pothumpu II Bit, Madurai North Taluk, Madurai District, on the basis of his representation, dated 24.05.2022, within a stipulated time frame to be fixed by this Court. 2.Heard Mr.M.Suresh, learned counsel appearing for the petitioner, 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.The petitioner submitted that he purchased the property in S.No. 154/52, Block No.22 in Block No.8, situated at Pothumpu II Bit, Madurai North Taluk, Madurai District, measuring an extent of 7.07 Cents [3075 sq.ft.] through a registered sale deed in Document No.10297/2012, dated 18.10.2012 from one Ragavendran, S/o.Late.S.Balakrishnan. After the said purchase, the petitioner is in possession and enjoyment of the same till now. Thereafter, the petitioner obtained a separate Patta for the said land in Patta No.1432. Now, he has decided to construct a house in the said land. In order to survey the said land, the petitioner made a representation to the first respondent on 24.05.2022 and requested him to survey and to fix the boundaries in the said property, by paying necessary fees through Challan on 24.05.2022. However, no action has been taken so far. Hence, having left with no other efficacious 2/5

remedy, the petitioner has filed the present Writ Petition for the relief stated supra.

4.The learned Special Government Pleader appearing for the respondents, on instructions, submitted that the petitioner's land would be measured and demarcated on the basis of the petitioner's representation, dated 24.05.2022, after issuing a notice to all the necessary parties concerned, within a time frame to be fixed by this Court.

5.Recording 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 and demarcate the property in question, based on the petitioner's representation, dated 24.05.2022, after issuing notice 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 smn2 3/5

To 1.The Tahsildar, Madurai North Taluk, Madurai District.

2.The Land Surveyor, Madurai, Madurai District.

4/5

V.BHAVANI SUBBAROYAN, J.

smn2 Order made in 14.10.2022 5/5