S.Mathivannan v. The Thasildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2024
CORAM:
THE HONOURABLE MRS.JUSTICE N.MALA W.P(MD)NO.30273 of 2024 S.Mathivannan : Petitioner .vs.
1.The Tahsildar, Office of the Tahsildar, Sattur Taluk, Virudhunagar District.
2.The Head Surveyor, Office of the Tahsildar, Sattur Taluk, Viridhunagar District.
:Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent to survey and demarcate the Petitioner's land comprised in Natham surgey No.339/15, situated at Naduvapatti Village, Sattur Taluk, Virudhunagar District to a total extent of 3.27 Ares within the time frame fixed by this Court. For Petitioner :Mr.A.Balaji For Respondents :Mr.M.Muthumanikkam Govt.Advocate(Civil Side)
O R D E R
********** This Writ Petition is filed for a Writ of Mandamus directing the first respondent to survey and demarcate the Petitioner's land comprised in Natham survey No.339/15, situated at Naduvapatti Village, Sattur Taluk, Virudhunagar District to a total extent of 3.27 Ares within the time frame fixed by this Court. 2.Mr.M.Muthumanikkam, learned Government Advocate (Civil Side) takes notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3.The Petitioner purchased the subject land under sale deed dated 6.8.2007 under Document No.6865 of 2007 and the patta for the said property was transferred in favour of Petitioner in Patta No.227 of 2018. Eversince the purchase, the Petitioner was in peaceful possession and enjoyment of the aforesaid properties. Whileso, the Petitioner made an application on 23.6.2024 along with necessary fees to survey and demarcate the subject properties. As no survey was conducted in pursuance of the Petitioner's aforesaid application, the Petitioner sent a representation on 6.8.2024, to the respondents along with relevant documents. The Petitioner thereafter approached the respondents
several times and submitted a represenetation on 11.09.2024. But no action was taken.Therefore, the Petitioner filed the above Writ Petition for the aforesaid relief.
4.The learned Government Advocate(Civil Side), on instructions, submitted that survey was conducted on 27.6.2024 in the presence of the Petitioner and the Petitioner had also signed in proof of survey. The learned Government Advocate therefore submits that the prayer sought for in the Writ Petition has become infructuous.
5.The learned counsel for the Petitioner submits that as the survey has already been conducted, the first respondent may be directed to furnish the copy of the survery certificate as well as the sketch to the Petitioner within a time frame fixed by this Court. 6.Admittedly, survey was conducted and the Petitioner also signed the survey certificate of the Taluk Surveyor in proof of the same. It is not in dispute the Petitioner was not given a copy of the survey certificate as well as sketch and therefore, I am inclined to issue direction to the first respondent to furnish the copy of the survey certificate and sketch to the Petitioner within a period of four weeks from the date of receipt of a copy of this order.
7.The Writ Petition is disposed of accordingly. No costs. 16.12.2024 NSC :Yes/No Index:Yes/No Internet:Yes/No vsn To 1.The Tahsildar, Office of the Tahsildar, Sattur Taluk, Virudhunagar District.
2.The Head Surveyor, Office of the Tahsildar, Sattur Taluk, Viridhunagar District.
N.MALA, J.
vsn ORDER MADE IN W.P(MD)No.30273 of 2024 16.12.2024