Madras High CourtWP(MD)/18372/2018disposed of

T.Viduthalai, v. The Thasildar,

2020-08-06Honourable Mr Justice D. Krishnakumar2 pages

W.P.(MD)No.18372 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P.(MD)No.18372 of 2020 T.Viduthalai ... Petitioner Vs.

1.Tahsildar Tahsildar Office, Aundipatty, Theni District.

2.The Taluk Surveyor, Tahsildar office, Aundipatty, Theni District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to issue patta to the petitioner after conducting the survey in petitioner's land having extent of 1 acre and 29 cents situated in Survey Nos.896/1, 869/20 and 896/2, at Kannur Village, Aundipatty Taluk, Theni District on considering the petitioner's representation dated 29.06.2018.

For Petitioner :Mr.J.Selvin Rajesh For Respondents :Mr.C.M.Marichelliah Prabhu Additional Government Pleader

ORDER

The petitioner seeks for a direction to issue patta in the petitioner's name in respect of the property in question, by considering his representation dated 29.06.2018. 2.The learned counsel appearing for the petitioner would submit that the petitioner purchased the land in Survey Nos.896/1, 869/20 and 896/2 measuring an extent of 1 acre and 29 cents situated at Kunnur Village, Aundipatty Taluk, Theni District, from one Rajendran by way of registered sale deed. From the date of purchase, the petitioner was in possession and enjoyment of the land. Therefore, the petitioner has made a representation to the first respondent to survey and fix the boundaries and to issue patta in respect of the said land. Since no order is passed by the first respondent, the petitioner is before this Court.

3.According to the learned Additional Government Pleader, in the counter affidavit, it has been stated that the respondents have given notice on 21.07.2018 to conduct survey. On the same day, there was an objection from one Pappammal and others and they are in possession and enjoyment of the land for several years. As there was an objection from one Pappammal, survey could not be conducted. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.18372 of 2018 4.The learned Additional Government Pleader further submits that the first respondent will pass appropriate order on the representation of the petitioner dated 29.06.2018 as early as possible.

5.Recording the submission of the learned Additional Government Pleader, without expressing any opinion on the merits of the matter, there will a direction to the first respondent to consider the representation of the petitioner, dated 29.06.2018, and pass orders on merits and in accordance with law as expeditiously as possible, preferably, within a period of twelve weeks from the date of receipt of a copy of this order. Such an exercise shall be done after conducting enquiry and putting all the interested persons on notice.

6.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi 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.Tahsildar Tahsildar Office, Aundipatty, Theni District.

2.The Taluk Surveyor, Tahsildar office, Aundipatty, Theni District.

+1 CC to M/s.GP ( SR-13905[F] dated 12/08/2020 ) W.P.(MD)No.18372 of 2018 06.08.2020 KB(19.08.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2