Balammal v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:19.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.25796 of 2019 1.Balammal 2.Sundarambal 3.Rengaraj ... Petitioners -Vs1.The Tahsildar, Lalgudi Taluk Office, Lalgudi, Trichy District.

2.The Taluk Surveyor, Lalgudi Taluk Office, Lalgudi, Trichy District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, to direct the respondent Nos. 1 and 2 to survey the property and fix the four boundaries in Survey No.605/24 for an extent of 0.01.22 Sq.Metre in Patta No.285 is situated at Tachankurichi Village, Lalgudi Taluk, Trichy District, on the basis of the petitioners representations dated 19.07.2018 and 22.07.2019 within time frame fixed by this Court. For Petitioner : Mr.K.Arunraj For Respondents : Mr.B.Bhagawathi Government Advocate

ORDER

The petitioners have filed this writ petition for issuing a writ of mandamus to direct the respondents to survey the property and fix four boundaries in Survey No.605/24 for an extent of 0.01.22 Sq.Metre in Patta No.285 situated at Tachankurichi Village, Lalgudi Taluk, Trichy District, on the basis of the petitioners' representations dated 19.07.2018 and 22.07.2019. 2.The petitioners state that an extent of 0.01.22 Sq.Metre of land in survey No.605/24 situated at Tachankurichi Village, Lalgudi Taluk, Trichy District, was assigned in favour of the husband of the first petitioner namely Perumal. It is further submitted that after the demise of Perumal, the petitioners were in possession and enjoyment of the same without any hindrance and that the rough patta was given in favour of the petitioners in Patta No.285.

It is stated that the adjacent land owners are trying to cause hindrance to petitioners' peaceful possession of their property without having any right over the property. Hence, the third petitioner made an application for survey of property and fix four boundaries based on https://hcservices.ecourts.gov.

patta and original assignment. Since the respondents have not considered the representations, the petitioners have approached this Court for appropriate relief. From the affidavit and prayer, the petitioner has not even given the extent properly. It must be either 1.22 Ares or 122 sq.meter.

3.Having regard to the limited scope of the prayer, that is now sought for before this Court, by the learned counsel for the petitioners, without expressing any opinion on the merits of the third petitioner's representations, this Court is inclined to dispose of this writ petition with the following directions:- The first respondent is directed to consider the third petitioner's representations dated 19.07.2018 and 22.07.2019 regarding survey of property and fix four boundaries and pass appropriate orders on merits and in accordance with law, after hearing the petitioners and any other persons who may be interested in the subject matter by virtue of any subsequent event as per the revenue records, within a period of eight weeks from the date of receipt of a copy of this order.

4.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Tahsildar, Lalgudi Taluk Office, Lalgudi, Trichy District.

2.The Taluk Surveyor, Lalgudi Taluk Office, Lalgudi, Trichy District.

+1 CC to M/s.Special Govt.Pleader ( SR-106141[F] dated 20/12/2019 ) +1 CC to M/s.K.ARUNRAJ, Advocate ( SR-106115[F] dated 20/12/2019 ) W.P.(MD)No.25796 of 2019 19.12.2019 cp SDS (26.02.2020) 2P-5C https://hcservices.ecourts.gov.in/hcservices/