Meyyappan.M v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2022

CORAM

THE HONOURABLE Mrs. JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.25526 of 2022 M.Meyyappan .. Petitioner

Versus

1.The Tahsildar, Thirupathur Taluk, Thirupathur, Sivagangai District.

2.The Surveyor, Thirupathur Taluk, Thirupathur, Sivagangai District.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents herein to conduct survey, measurement and fix four boundaries of the petitioner's Punja land, comprised in Survey Nos.312/8A2, measuring an extent of 5 cents and 312/8B, measuring an extent of 20 cents, situated at N.Vairavanpatti Village, Sirukoodalpatti Group, Thirupathur Taluk, Sivagangai District, covered by Patta No.2402, as per the representation of petitioner, dated 27.09.2022, within a time frame.

For Petitioner :

Mr.B.Muruganandam For Respondents :

Mr.D.Gandhiraj Special Government Pleader 1/5

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the respondents herein to conduct survey, measurement and fix four boundaries of his Punja land, comprised in S.No.312/8A2, measuring an extent of 5 cents and S.No.312/8B, measuring an extent of 20 cents, situated at N.Vairavanpatti Village, Sirukoodalpatti Group, Thirupathur Taluk, Sivagangai District, covered by Patta No.2402, as per his representation dated 27.09.2022, within a time frame.

2. Heard Mr.B.Muruganandam, 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 properties comprised in S.No.312/8A2, measuring an extent of 5 cents and S.No.312/8B, measuring an extent of 20 cents, situated at N.Vairavanpatti Village, Sirukoodalpatti Group, Thirupathur Taluk, Sivagangai District. Adangal and Patta No.2402 in respect of the said properties stand in the name of the petitioner. The first respondent, vide his proceedings dated 16.12.2013, made sub-division of S.No.312/8A. Thereafter, the aforesaid survey numbers were assigned to the petitioner. In order to survey and demarcate the boundaries, 2/5

the petitioner submitted an application on 27.09.2022 to the first respondent along with requisite fees. However, the respondents have not taken any action so far to conduct survey. Hence, the petitioner has approached this Court by way of filing the present Writ Petition for the relief stated supra.

4. The learned Special Government Pleader appearing for the respondents submitted that the petitioner's properties would be surveyed and demarcated based on his representation, dated 27.09.2022, after issuing notice to all the necessary parties concerned, within a time frame.

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 measure the properties in question and demarcate the boundaries, based on the petitioner's representation, dated 27.09.2022, after issuing notice to all the necessary parties concerned, within a period of sixteen (16) 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 10.11.2022 smn2 3/5

To 1.The Tahsildar, Thirupathur Taluk, Thirupathur, Sivagangai District.

2.The Surveyor, Thirupathur Taluk, Thirupathur, Sivagangai District.

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V.BHAVANI SUBBAROYAN, J.

smn2 Order made in 10.11.2022 5/5