Madras High CourtWP(MD)/27104/2022disposed of

Selvi.K v. The District Surveyor

2022-12-01Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W.P. (MD) No.27104 of 2022 K.Selvi .. Petitioner Vs.

1.The District Surveyor, Office of the Assistant Director, District Land Surveyor Department, Gandhdhiji Road, Thanjavur - 613 001.

2.The Assistant Director, Survey & Land Department, Gandhdhiji Road, Thanjavur - 613 001.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents 1 and 2 to survey the land in Survey No.38/13B3 measuring 58 cents in Letchathoppu Village, Neellagiri Therukku Thottam, Thanjavur Taluk and District, by considering petitioner's application vide payment of Challan No.20220827000922 dated 27.08.2022 and issue the certificate of survey or acknowledgment of completion of survey within the time fixed by this Court. For Petitioner : Mr.R.Neelamegam For Respondents : Mr.D.Gandhiraj Special Government Pleader 1/4

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents to survey the land in Survey No.38/13B3 measuring 58 cents situated at Letchathoppu Village, Neellagiri Therukku Thottam, Thanjavur Taluk and District, by considering petitioner's application vide payment of Challan No.20220827000922 dated 27.08.2022 and issue the certificate of survey or acknowledgment of completion of survey, within the time fixed by this Court.

2. Heard Mr.R.Neelamegam, learned counsel for the petitioner and Mr.D.Gandhiraj, learned Special Government Pleader, who takes notice for the respondents. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

3. The grievance of the petitioner is that though the petitioner applied for survey of her land, it has not been done till date.

4. The learned counsel for the petitioner submitted that the petitioner has produced documents in support of her case that she is the owner of the aforementioned property. She has sought for a survey and the petitioner has given a representation on 26.10.2022 for the said purpose. 2/4

5. No prejudice would be caused to the respondents, if the survey is done in the presence of the petitioner and any other necessary party, whom the respondents deem fit to put on notice at the time of survey.

6. Accordingly, this Court directs the respondents to survey the petitioner's property in Survey No.38/13B3 measuring 58 cents situated at Letchathoppu Village, Neellagiri Therukku Thottam, Thanjavur Taluk and District, after giving notice to the petitioner and any other necessary party, whom the respondents deem fit to put on notice at the time of survey, 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 stands disposed of. There shall be no order as to costs.

01.12.2022 Index : Yes/No Internet : Yes/No ta 3/4

V.BHAVANI SUBBAROYAN, J.

ta To 1.The District Surveyor, Office of the Assistant Director, District Land Surveyor Department, Gandhdhiji Road, Thanjavur - 613 001.

2.The Assistant Director, Survey & Land Department, Gandhdhiji Road, Thanjavur - 613 001.

Order made in W.P.(MD) No.27104 of 2022 01.12.2022 4/4