Madras High CourtWP(MD)/25928/2019disposed of

Gohila Ammal v. The Tahsildar

2019-12-05Honourable Mr Justice S.S. Sundar2 pages

W.P.(MD)No.25928 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2019

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.25928 of 2019 Gohila Ammal ... Petitioner vs.

1.The Tahsildar, Madurai East Taluk, Narasingam, Y.Othakadai, Madurai - 625 107.

2.The Surveyor, Narasingam IV Bit Village, Y.Othakadai, Madurai - 625 107.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the first respondent to measure the petitioner's properties comprised in R.S.No.148/9 in S.No.55/9 an extent of 74 cents and R.S.No.151/1 in S.No.51/1 an extent of 70 cents of Narasingam Village of Madurai North Taluk (now at East Taluk) Madurai with the help of the second respondent and to fix the four boundaries within the time stipulated by this Court.

For Petitioner :Mr.Babu Rajendran For R1 and R2 :Mr.A.K.Baskara Pandian Special Government Pleader ****

O R D E R

This Writ Petition is filed for issuing a Writ of Mandamus to direct the first respondent herein to measure the properties comprised in R.S.No.148/9 corresponding to S.No.55/9 an extent of 74 cents and R.S.No.151/1 corresponding to S.No.51/1 an extent of 70 cents of Narasingam Village of Madurai North Taluk (now at East Taluk) Madurai with the help of the second respondent and to fix the four boundaries within the time stipulated by this Court. 2.By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself. 3.The petitioner claims exclusive ownership over an extent of 74 cents in R.S.No.148/9 and 70 cents in R.S.No.151/1 of Narasingam Village of Madurai East Taluk, Madurai, by virtue of two sale deeds, dated 05.09.1994 and 07.09.1994. Since the petitioner https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.25928 of 2019 wants to dispose of the properties, it is stated that she has approached the first respondent to fix four boundaries after measuring the properties, so as to ensure her title in terms of revenue records, by way of representation, dated 18.09.2019. The petitioner has produced the patta pass book issued to her in respect of the properties.

4.Considering the documents and the prayer in the Writ Petition, this Court is inclined to issue the follow directions: 4.1.The first respondent is directed to consider the petitioner's representation, dated 18.09.2019 and to survey the properties to fix the boundary of the land, as per the revenue records, in case, there is no rival claim from anyone based on lawful title. This exercise shall be undertaken by the respondents within a period of three weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (writs) // True Copy // / /2020 Sub Assistant Registrar(CS) cmr To 1.The Tahsildar, Madurai East Taluk, Narasingam, Y.Othakadai, Madurai - 625 107.

2.The Surveyor, Narasingam IV Bit Village, Y.Othakadai, Madurai - 625 107.

+1 CC to Mr.BABU RAJENDRAN, Advocate ( SR-103529[F]dated 05/12/2019 ) W.P.(MD)No.25928 of 2019 05.12.2019 VB(20.01.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2