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Madras High CourtWP(MD)/26619/2022disposed of

Mahalingam v. The Zonal Deputy Tahsildar

2022-11-25Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2022

CORAM

THE HONOURABLE Mrs. JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.26619 of 2022 Mahalingam, S/o.Marthandam .. Petitioner

Versus

1.The Zonal Deputy Tahsildar, 2.The Head Surveyor, .. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first respondent to transfer Patta No.1681 in the petitioner's name in respect of the land in Survey Nos. 1180A/1A and 3316/2, situated at Vijayanarayanam Village, Thisayanvilai Taluk, Tirunelveli District, and survey, demarcate the four boundaries, within a time frame that may be fixed by this Court. For Petitioner :

Mr.V.Angusamy For Respondents :

Mr.D.Gandhiraj Special Government Pleader

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the first respondent to transfer Patta No.1681 in his name in respect of the land 1/5

in Survey Nos.1180A/1A and 3316/2, situated at Vijayanarayanam Village, Thisayanvilai Taluk, Tirunelveli District, and to survey and demarcate the boundaries, within a time frame.

2. Heard Mr.V.Angusamy, 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 learned counsel for the petitioner, the petitioner purchased the property comprised in Ayan Punja Survey No.1180A/1A, situated at Vijayanarayanam Village, Thisayanvilai Taluk, Tirunelveli District, from one Salomon through a registered sale deed, bearing Document No.1916 of 2019, dated 24.09.2019. Thereafter, on 26.12.2019, the petitioner submitted an application along with requisite fees to the second respondent, requesting him to survey and demarcate the boundaries of the lands in S.Nos. 1180A/1A and 3316/2 and on 27.08.2021, also submitted an online application along with requisite fees to the first respondent to transfer Patta No.1681 in his name. However, both applications dated 26.12.2019 and 27.08.2021 are still pending without any progress. Hence, the petitioner has approached this Court by way of filing the present Writ Petition.

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4. The learned Special Government Pleader appearing for the respondents submitted that the petitioner's representations dated 26.12.2019 and 27.08.2021, would be considered and appropriate orders would be passed on merits and in accordance with law, 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 first respondent to consider the representations of the petitioner, dated 26.12.2019 and 27.08.2021 and pass appropriate orders on merits and in accordance with law, after issuing notice to all the necessary parties concerned, within a period of twelve 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 25.11.2022 smn2 To 1.The Zonal Deputy Tahsildar, 3/5

2.The Head Surveyor, 4/5

V.BHAVANI SUBBAROYAN, J.

smn2 Order made in 25.11.2022 5/5