Madras High Court
K.Muthaiah vs The Tahsildar on 24 August, 2021
W.P(MD)No.14919 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.08.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P(MD)No.14919 of 2021
K.Muthaiah ... Petitioner
Vs.
1.The Tahsildar,
Uthamapalayam Taluk,
Theni District.
2.The Taluk Surveyor,
Office of the Tahsildar,
Uthamapalayam Taluk,
Uthamapalayam,
Theni 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 comprised in Survey No.1697/1A1, Patta No.3051
with an extent of 858 square feet situated in Uthamapalayam, Uthamapalayam
Taluk, Theni District and demarcate its boundaries based on the petitioner's
application dated 17.03.2021 within a time stipulated by this Court.
For Petitioner : Mr.P.Gunasekaran
For Respondents : Mr.R.Baskaran,
Counsel for State for R-1 & R-2
https://www.mhc.tn.gov.in/judis/
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W.P(MD)No.14919 of 2021
ORDER
The petitioner seeks a survey of the land comprised in Survey No.
1697/1A1 of an extent of 858 square feet in Uthamapalayam Taluk, Theni
District.
2. The petitioner states that he purchased the property from one
Mr.M.Amanullakhan under a registered sale deed dated 04.12.2006.
Subsequently, Patta No.3051 was issued to the petitioner on 08.11.2010. On
account of a dispute between the petitioner and the said M.Amanullakhan, the
petitioner filed O.S.No.31 of 2017 on the file of the District Munsif,
Uthamapalayam. The said suit was decreed in favour of the petitioner on
15.07.2019. The petitioner states that such decree was passed after recording
the undertaking of the said M.Amanullakhan that he would not dispute the
petitioner's possession in future.
3. Mr.R.Baskaran, learned counsel for the State, accepts notice on
behalf of both the respondents. He submits that the petitioner's application for
survey may be directed to be considered and disposed of on merits.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.14919 of 2021
4. The petitioner has enclosed the sale deed dated 04.12.2006, the
patta dated 08.11.2010 in his name and the judgment and decree dated
15.07.2019 in O.S.No.31 of 2017. Although the petitioner asserts that such
judgment and decree is on the basis of an undertaking by Mr.M.Amanullakhan,
it cannot be concluded with certainty that no appeal has been filed in respect of
such judgment and decree. Therefore, if there are objections to the conduct of
a survey at the request of the petitioner, the respondents herein would be
obligated to consider such objections before taking a decision.
5. Accordingly, without going into the merits of the matter, the
respondents herein are directed to consider the petitioner's application dated
17.03.2021 requesting for a survey and dispose of such application by a
reasoned order within a period of three (3) months from the date of receipt of a
copy of this order, after providing a reasonable opportunity to the petitioner,
the adjoining land owners who may be affected by such survey and other
objectors, if any.
6. W.P.(MD).No.14919 of 2021 is disposed of on these terms
without any order as to costs.
24.08.2021
Index : Yes / No
Internet : Yes/ No
tsg
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.14919 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
tsg
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.
To
1.The Tahsildar,
Uthamapalayam Taluk,
Theni District.
2.The Taluk Surveyor,
Office of the Tahsildar,
Uthamapalayam Taluk,
Uthamapalayam,
Theni District.
W.P(MD)No.14919 of 2021
24.08.2021
https://www.mhc.tn.gov.in/judis/
