Chandrakumar.V v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.26724 of 2022 V.Chandrakumar ... Petitioner Vs 1.The Tahsildar, Thirumayam Taluk Office, Thirumayam, Pudukkottai District.

2.The Head Surveyor, Thirumayam Taluk Office, Thirumayam, Pudukkottai District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents to survey and fix stones at the boundaries of the petitioner's property in Survey No.347/2B, Patta No.3005, to an extent of 0.58.50 hectares at K.Rayapuram Village, Thirumayam Taluk, Pudukkottai District by considering his representation and fee chalan No.20211207938412, dated 07.12.2021. For Petitioner :Mr.M.Solaisamy For Respondents : Mr.A.Kannan Additional Government Pleader 1/5

ORDER

This petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents to survey and fix stones at the boundaries of the petitioner's property in Survey No.347/2B, Patta No.3005, to an extent of 0.58.50 hectares at K.Rayapuram Village, Thirumayam Taluk, Pudukkottai District by considering his representation and fee chalan No.20211207938412, dated 07.12.2021.

2.Heard Mr.M.Solaisamy, learned counsel appearing for the petitioner and Mr.A.Kannan, learned Additional Government Pleader, who takes notice on behalf of the respondents.

3.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

4.I t is the case of the petitioner that the petitioner purchased the land in Survey No.347/2 measuring to an extent of 1 acre 45 cents in K.Rayapuram Village, Nallambalsamuthiram Firga, Thirumayam Taluk, Pudukkottai District from one Vedivel. The sale deed was registered as Document No.497 of 2020 dated 13.07.2020 on the file of the Sub-Registrar Office, Keelanilai. 2/5

Thereafter, the petitioner approached the first respondent seeking for issuance of patta in his name. After conducting enquiry, patta was issued in Patta No. 3005, Survey No.347/2B measuring to an extent of 0.58.50 hectares situated in K.Rayapuram Village, Thirumayam Taluk, Pudukkottai District, in favour of the petitioner vide proceedings in T.R.No.2020/22/04/000130SD passed by the first respondent. Since the boundary of the petitioner's property was not clear to identify its physical structure, the petitioner approached the first respondent and thereafter, he approached the second respondent on the same cause of action. But, they did not turn. Hence, the petitioner approached this Court by filing this petition with the aforesaid prayer.

5.The learned Additional Government Pleader appearing for the respondents submitted that the representation of the petitioner would be considered and appropriate order would be passed within a stipulated time. 6.Considering the limited scope of the prayer sought for by the petitioner, this Court directs the respondents to consider the representation of the petitioner, dated 07.12.2021 and after issuing notice to the petitioner as well as any other interested parties, who may be interested in the subject property and conduct survey in their presence and demarcate the petitioner's land in 3/5

accordance with law and communicate the decision taken to the petitioner and others concerned. Such exercise shall be completed within a period of twelve

(12) weeks from the date of receipt of a copy of this order. 7.With the above direction, this Writ Petition is disposed of. No costs. 28.11.2022 Index : Yes/No Internet:Yes/No Rmk To 1.The Tahsildar, Thirumayam Taluk Office, Thirumayam, Pudukkottai District.

2.The Head Surveyor, Thirumayam Taluk Office, Thirumayam, Pudukkottai District.

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V.BHAVANI SUBBAROYAN,J., Rmk W.P(MD)No.26724 of 2022 28.11.2022 5/5