The Madurai Bench of the Madras High Court issued a writ of mandamus directing revenue authorities to survey an 18-cent land parcel and fix boundaries within four weeks upon the petitioner's representations under Amma Thittam, reserving disputes to civil courts.
Direction to respondents to survey the land and fix boundaries within four weeks.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2018 CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.(MD)No.18172 of 2018
C.Kupamuthu ... Petitioner /Vs./
1.The Thasildar, Kulithalai Taluk, Karur District.
2.The Nangvaram Land Surveyor, Nangavarm (Kuru vattam), Kulithalai Taluk, Karur District. ... Respondents
Prayer: Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to survey and fix the boundary of the land in survey no.894/1B1, 1B2 with an extent of 18 cents situated at Nagavarm South I Village, Kulithalai Taluk,based on the petitioner's representation dated 12.03.2018 and also based on the representation dated 13.04.2018 vide petition No.4/18 on account of Amma Thittam with the help of police protection.
For Petitioner : Mr.A.R.Kannappan For Respondents : Mr.B.Bagavathy Government Advocate
ORDER
This writ petition has been filed to direct the respondents to survey and fix the boundary of the land in survey no.894/1B1, 1B2 to an extent of 18 cents situated at Nagavarm South I Village, Kulithalai Taluk,based on the petitioner's representation dated 12.03.2018 and also based on the representation dated 13.04.2018 vide petition No.4/18 on account of Amma Thittam with the help of police protection.
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survey the said land and in which, the actual extent of the land in possession of the petitioner was found to be less than the actual extent stated in the sale deed. Thereafter, the land has been surveyed, fixed and fenced. But later, the sail fence has been damaged and a part was removed by some third persons. A complaint has been lodged before the police against them. In the revenue records, the name of the erstwhile owners have been mistakenly shown. Hence, he has been trying hard to survey the above said land and to fix the boundaries and put up fence from the year 2012 onwards. Inspite of several representations, the respondents have not taken any steps. Hence, the petitioner has approached this Court by way of this writ petition.
Sd/-
Assistant Registrar(W)
/True Copy/
Sub Assistant Registrar(CS-III)
To
1.The Thasildar,
Kulithalai Taluk, Karur District.
2.The Nangvaram Land Surveyor,
Karur District.
W.P.(MD)No.18172 of 2018 12.11.2018
SM
https://hcservices.ecourts.gov.in/hcservices/ ES/PM/SAR 3/14.12.2018/2P/5C
3 issues framed by the court
Whether the respondents should be directed to survey and fix the boundary of the petitioner's land based on prior representations under Amma Thittam.
Whether the dispute regarding encroachment affects the direction to survey the land.
Whether the petitioners must approach the Civil Court for any disputes regarding the surveyed land.
1 provisions across 1 enactments
C. Kupamuthu
The Thasildar, Kulithalai Taluk, Karur District
The Nangvaram Land Surveyor
V. Bhavani Subbaroyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
