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Madras High CourtWP(MD)/26488/2024disposed of

A.Maruthupandi v. The Tahsildar

2024-11-05Honourable Mrs Justice N. Mala5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA A.Maruthupandi ... Petitioner /Vs./ 1.The Tahsildar, Kallikudi Taluk, Madurai District.

2.Head Surveyor, Kallikudi Taluk, Madurai District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing 1st and 2nd respondents to survey the land in Survey No.22/8D1 Veppankulam Village, Kallikudi Taluk, Madurai District so as to fix the boundary stones by considering the application dated 22.05.2024 and the petitioner's reminder dated 26.09.2024 within a time frame that may be stipulated by this Court. For Petitioner : Mr.J.Perumal For Respondents : Mr.A.Kannan Additional Government Pleader 1/5

ORDER

This Writ Petition is filed for issuance of Writ of Mandamus directing 1st and 2nd respondents to survey the land in Survey No.22/8D1 Veppankulam Village, Kallikudi Taluk, Madurai District so as to fix the boundary stones by considering the application dated 22.05.2024 and the petitioner's reminder dated 26.09.2024 within a time frame that may be stipulated by this Court.

2. The brief facts of the case are as follows: The property in Survey No.22/8D1, Veppankulam Village, Kallikudi Taluk, Madurai District, stands in the name of the petitioner vide patta No.3441 and all the revenue records also stand in his name. The petitioner approached the second respondent to measure the property and to fix the boundaries. The petitioner also remitted necessary charges for measuring the property and to fix the boundaries. As the respondents did not act on the petitioner's application, the petitioner sent a detailed representation to the respondents on 26.09.2024 requesting them to carry out the survey and fix the boundary stones. As there was no response, the 2/5

petitioner was constrained to file the present Writ Petition for the aforesaid relief.

3. The learned counsel for the petitioner submits that the petitioner's application has been pending for more than five months without any progress. The learned counsel therefore prayed that a direction may be issued to the respondents to consider the application within a time frame to be fixed by this Court.

4. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents.

5. It is seen that the petitioner, as the owner of the property, made an application to the first respondent on 22.05.2024 to measure his property and to fix the boundary stones. In spite of his repeated requests, there was no action. Therefore, the petitioner sent a reminder on 26.09.2024 and even thereafter, no action was taken on the petitioner's application.

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6. Considering the fact that the petitioner's application has been pending for more than five months, a direction is issued to the respondents to consider the petitioner's application dated 22.05.2024, pass orders on merits and in accordance with law and take appropriate action within a period of eight 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.

05.11.2024 Index : Yes / No NCC : Yes / No CM TO:

1.The Tahsildar, Kallikudi Taluk, Madurai District.

2.Head Surveyor, Kallikudi Taluk, Madurai District.

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N.MALA, J.

CM Order made in Dated:

05.11.2024 5/5