Murugesan. R v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.11.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W. P. (MD) No.25070 of 2022 R.Murugesan ... Petitioner

Versus

The Tahsildar, Oddanchathiram Taluk, Dindigul District.

... Respondent Prayer: Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent to carry out survey, measurement and demarcation of boundaries of the agricultural land measuring to an extent of 0-11.54 Hectare comprised in Survey No.274/6B situated at Sinthalavadampatti Village, Oddanchathiram Taluk, Dindigul District by considering the petitioner's representation dated 07.04.2022 and reminders dated 03.08.2022 and 29.08.2022.

For Petitioner :

Mr.T.Leninkumar For Respondent :

Mr.D.Gandhiraj Special Government Pleader

ORDER

This petition has been filed by the petitioner seeking for issuance of a Writ of Mandamus, to direct the respondent to carry out survey, measurement and demarcation of boundaries of the agricultural land measuring to an extent 1/5

of 0-11.54 Hectare comprised in Survey No.274/6B situated at Sinthalavadampatti Village, Oddanchathiram Taluk, Dindigul District by considering the petitioner's representation dated 07.04.2022 and reminders dated 03.08.2022 and 29.08.2022.

2.By consent of both sides, this petition is taken up for final hearing at the admission stage itself.

3.The case of the petitioner is that the property in Survey No.274/6B measuring to an extent of 0-11.54 hectare situated at Sinthalavadampatti Village, Oddachathiram Taluk, Dindigul District, belonged to him and patta in Patta No.167 was issued in his favour. He is doing agricultural work in the said property. He made representation on 07.04.2022 to the respondent to survey, measurement and demarcation of the said property. Thereafter, the respondent issued notice vide proceedings FR/118 dated 05.05.2022 calling upon the petitioner as well as his adjacent land owner to appear on 13.05.2022 so as to enable him to carryout survey and demarcation of the boundaries of the said property. On the said date, the petitioner and the adjacent land owner were present in the property, at that time, the Firka Surveyor came to the spot and went back without conducting any survey. In this regard, the petitioner approached the respondent in -person, but did not evoke any response. Hence, the petitioner is before this Court with the aforesaid prayer. 2/5

4.The learned Special Government Pleader appearing for the respondent submits that appropriate direction may be given to the respondent to consider the petitioner's representation, dated 07.04.2022, in accordance with law, within a time frame.

5.Considering the limited scope of the prayer sought for by the petitioner, this Court directs the respondent to consider the representation of the petitioner, dated 07.04.2022 and reminders dated 03.08.2022 and 29.08.2022, after issuing notice to the petitioner as well as any other person, who may be interested in the subject property and conduct survey in their presence and demarcate the petitioner's land in accordance with law and communicate the decision taken to the petitioner and others concerned. Such an exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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

04.11.2022 Index : Yes/No Internet : Yes/No Rmk 3/5

To The Tahsildar, Oddanchathiram Taluk, Dindigul District.

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V.BHAVANI SUBBAROYAN, J.

Rmk Order made in W.P.(MD) No.25070 of 2022 04.11.2022 5/5