Madras High CourtWP(MD)/27355/2022disposed of

Muthukrishnan v. The Thasildar

2022-12-02Honourable Mrs Justice V.Bhavani Subbaroyan9 pages

6EFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 02.12.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.27355 of 2022 Muthukrishnan ..Petitioner Vs 1.The Tahsildar, Aruppukkottai Taluk, Aruppukkottai, Virudhunagar District.

2.The Taluk Surveyor(land Survey), Aruppukkottai Taluk, Aruppukkottai, Virudhunagar District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to survey the Petitioner's land in S.No.344/3B, situated at Mandapasalai Village, Aruppukkottai Taluk, Virudhunagar District and lay the survey stones within the time frame fixed by this Court. For Petitioner :Mr.A.Srinivasan For Respondents :Mr.Satheesh 1 and 2 Government Advocate

ORDER

The Petitioner has prayed for issuance of a Writ of Mandamus directing the respondents to survey the Petitioner's land in S.No.344/3B,

situated at Mandapasalai Village, Aruppukkottai Taluk, Virudhunagar District and lay the survey stones within the time frame fixed by this Court.

2.Mr.C.Satheesh, learned Government Advocate takes notice for the respondents 1 and 2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.The case of the Petitioner is that the Petitioner's land in S.No. 344/3B, situated at the address above mentioned is a punja land measuring an extent of 68.00 ares, has been conferred on the Petitioner by his father through a deed of exchange took place on 16.8.1973 between the Petitioner's father and one Kuruvammal. After the demise of the Petitioner's father, the above said property devolved upon the Petitioner through a oral partition took place within the family members of the Petitioner. Since there was an interference from the northern and western side land owners, the Petitioner has decided to survey his land and in this regard, the Petitioner has submitted a representation on 4.7.2022 to the first respondent and has also paid the necessary charges. Since the same was not considered till date, the Petitioner has filed this Writ Petition for the relief stated supra.

4.The learned Government Advocate appearing for the respondents

1 and 2 would submit that the Petitioner's representation will be considered and appropriate orders will be passed on merits and in accordance with law, within the time limit prescribed by this Court. 5.In view of the above, this Court, without going into the merits of the matter, directs the first respondent to consider the representation of the Petitioner, dated 04.07.2022 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned, within a period of sixteen weeks from the date of receipt of a copy of this order.

6.With the above direction, the Writ Petition stands disposed of. No costs.

02.12.2022 Index : Yes/No Internet:Yes/No vsn To 1.The Tahsildar, Aruppukkottai Taluk, Aruppukkottai, Virudhunagar District.

2.The Taluk Surveyor(land Survey), Aruppukkottai Taluk, Aruppukkottai, Virudhunagar District.

V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.27355 of 2022 02.12.2022