Madras High Court
P.Renganathan vs The Tahsildar on 20 April, 2021
W.P.(MD).No.8101 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.04.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.8101 of 2021
P.Renganathan ...Petitioner
Vs.
1. The Tahsildar.
Madurai South Taluk, District Collectorate,
Madurai-625 020.
2. The Head Surveyor,
Madurai South Taluk,
District Collectorate,
Madurai-625 020. ... Respondents
Prayer: This Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the respondents to survey the petitioner's
land in Survey No.39/5A and 39/5B to the extent of 38 cents and 2 ½ cents
respectively, situated at Kallampal Village, Madurai South Taluk, Madurai
District, by measuring the cross measurement between nine corners in Survey
No.39/5A, based on the representation, dated 23.03.2021 and to videograph
the entire survey process, within the time stipulated by this Court.
For Petitioner : Mr.R.Aravind Raj
For Respondents : Mr.M.Muniasamy
Additional Government Pleader
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1/5
W.P.(MD).No.8101 of 2021
ORDER
This Writ Petition has been filed for the issue of a Writ of
Mandamus, directing the respondents to act upon the representation made by
the petitioner on 23.03.2021, wherein, the petitioner has sought for the survey
of the subject property and for fixing the boundaries.
2. The case of the petitioner is that the subject property was
originally purchased by the mother of the petitioner and thereafter, there was
an oral partition among the family members and Survey No.39/5A was
allotted in favour of the petitioner in the year 1997. The further case of the
petitioner is that the petitioner is in peaceful possession and enjoyment of the
property and he also got a patta mutated in his name in Patta No.38. It is
further stated that the petitioner also purchased the property in
Survey No.39/5B, measuring an extent of 2 ½ cents, through a registered sale
deed, dated 24.11.2004 and the petitioner was also issued patta in
Patta No.101.
3. In the mean time, there was an intervention by a third party,
named, Sekar, which resulted in a suit being filed in O.S.No.187 of 2014,
seeking for the relief of permanent injunction. According to the petitioner,
the said suit was decreed by judgment and decree dated 03.03.2015.
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W.P.(MD).No.8101 of 2021
4. The petitioner, thereafter, made an application seeking for
survey of the subject property in Survey Nos.39/5A and 39/5B, in order to put
a fence around the property. The petitioner also claims to have paid
necessary charges on 23.03.2021. The grievance of the petitioner is that the
respondents have not acted upon the application submitted by the petitioner
and hence, the present Writ Petition has been filed before this Court seeking
for appropriate directions.
5. Heard Mr.R.Aravind Raj, learned counsel appearing on behalf
of the petitioner and Mr.M.Munisamy, learned Additional Government
Pleader appearing on behalf of the respondents.
6. Taking into consideration the facts and circumstances of the
case and the limited relief sought for in this Writ Petition, there shall be a
direction to the respondents to act upon the representation made by the
petitioner on 23.03.2021 and consider the same on its own merits and in
accordance with law and take a decision within a period of four (4) weeks
from the date of receipt of a copy of this order. The respondents shall give
opportunity to the petitioner as well as to the rival claimant, namely, Sekar,
before taking a decision.
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W.P.(MD).No.8101 of 2021
7. The petitioner is directed to make a fresh representation to the
respondents along with all the relevant documents and also a copy of this
order.
8. The Writ Petition stands disposed of with the above directions.
No costs.
20.04.2021
Internet : Yes/No
Index : Yes/No
tsg
To
1. The Tahsildar.
Madurai South Taluk, District Collectorate,
Madurai-625 020.
2. The Head Surveyor,
Madurai South Taluk,
District Collectorate,
Madurai-625 020.
NOTE:
In view of the present lock down owing to COVID-19 pandemic,
a web copy of the order may be utilized for official purposes, but,
ensuring that the copy of the order that is presented is the correct
copy, shall be the responsibility of the advocate/litigant
concerned.
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W.P.(MD).No.8101 of 2021
N.ANAND VENKATESH, J.
tsg
Order made in
W.P.(MD).No.8101 of 2021
Dated:
20.04.2021
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