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Madras High CourtWP(MD)/22447/2021disposed of

Thiruppathi v. The Tahsildar

2021-12-17Honourable Mr Justice C.V. Karthikeyan2 pages

W.P.(MD) No.22447 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD) No.22447 of 2021 Thiruppathi ... Petitioner vs.

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

2.The Taluk Surveyor, Madurai North Taluk, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to survey the petitioner's land having extent of 17 cents comprised in S.Nos.40/1A21 and 40/1B1A in Melapanangadi Village, Madurai North Taluk, Alanganallur Sub Registration District, Madurai District, on the basis of the petitioner's representations, dated 26.09.2019 and 07.09.2021.

For Petitioner : Mr.R.Shankar Ganesh For Respondents : Mr.D.Ghandiraj Special Government Pleader

ORDER

Mr.D.Ghandiraj, learned Special Government Pleader, takes notice on behalf of both the respondents.

2.The writ petition has been filed in the nature of Writ of Mandamus, seeking a direction to the respondents to survey the land of the petitioner, measuring 17 cents in S.Nos.40/1A21 and 40/1B1A in Melapanangadi Village, Madurai North Taluk, Alanganallur Sub Registration District, Madurai District. The petitioner had given a representations on 26.09.2019 and again on 07.09.2021. 3.It is claimed that the petitioner has also paid necessary survey charges on two separate occasions. It appears that the parents of the petitioner had purchased a larger area of land and thereafter, had sub-divided the lands and also sold it to various persons. Only 17 cents now remain. Unfortunately, the name of one Ilaiyaraja along with the names of the parents of the petitioner herein has been shown in the revenue documents relating to the remaining 17 cents.

4.Let the respondents issue notice to the said Ilayaraja, who is not a party to the present writ petition, but whose name is found in the patta and thereafter, take a decision with respect to the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.22447 of 2021 conducting of survey and measuring the 17 cents of the land pointed by the petitioner in S.Nos.40/1A21 and 40/1B1A in Melapanangadi Village, Madurai North Taluk, Alanganallur Sub Registration District, Madurai District. If any objections are raised, that may also be heard, and thereafter, a decision may be taken by the respondents. The said exercise must be completed within a period of twelve weeks from the date of receipt of a copy of this order. 5.With the above observations, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) sji 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 Tashildhar, Madurai North Taluk, Madurai District.

2.The Taluk Surveyor, Madurai North Taluk, Madurai District.

+1 CC to M/s.R.SHANKAR GANESH, Advocate ( SR-39661[F] dated 20/12/2021 ) W.P.(MD) No.22447 of 2021 17.12.2021 PS(CO) GC(31.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2