Madras High CourtWP(MD)/23941/2023disposed of

Venkat Narayanan v. The Tahsildar

2023-09-29Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Venkat Narayanan ... Petitioner Vs 1.The Tahsildar, Madurai North Taluk, Collectorate Campus, Madurai-20.

2.The Head Surveyor, Madurai North Taluk, Collectorate Campus, Madurai-20.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 & 2 to conduct survey of land comprised in S.No. 142/2 to an extent of 9 cents as per the application of the petitioner dated 11.02.2022 within the time frame stipulated by this Court. For Petitioner : Mr.G.Mohan Kumar For R1 & R2 : Mr.G.V.Vairam Santhosh Additional Government Pleader 1/4

O R D E R

The petitioner with a grievance that his application to conduct survey has not been considered by the respondents has filed this writ petition.

2.Mr.G.V.Vairam Santhosh, learned Additional Government Pleader who takes notice for the respondents on instructions from the Survey officer submits that the petitioner is not in possession of the property in S.No.142/2, for which he sought for survey and patta. He further submits that the land in S.No.142/2 originally stands in the name of seven persons. Therefore, survey could not be conducted.

3.This Court considered the rival submissions made. 4.The petitioner has submitted an application along with the required fee for survey on 11.02.2022. In the event, if there is any objection, the respondent shall conduct an enquiry under section 2/4

10 of the Tamil Nadu Survey and Boundaries Act, 1923 after issuing notice to the adjacent land owners and other claimants and shall take a decision within a period eight weeks from the date of receipt of a copy of this order. If the petitioner is having any grievance as against that order, he is having an appeal remedy before the Taluk Surveyor and the same shall be invoked by the petitioner. 5.Accordingly, this writ petition is disposed of. No costs. 29.09.2023 NCC :Yes/No Index :Yes/No Internet:Yes vrn To 1.The Tahsildar, Madurai North Taluk, Collectorate Campus, Madurai-20.

2.The Head Surveyor, Madurai North Taluk, Collectorate Campus, Madurai-20.

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B.PUGALENDHI, J.

vrn Order made in 29.09.2023 4/4