In a writ petition under Article 226, the Madras High Court directed the Tahsildar and Taluk Surveyor to survey the petitioner's land at Alanganallur and place survey stones within 12 weeks.
Direction to respondents to survey petitioner's land and place survey stones within 12 weeks.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED 03.12.2018
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P(MD)No.23703 of 2018
M.Murugan
..Petitioner
Vs
1.The District Collector, Madurai.
2.The Tahsildar, Vadipatti, Madurai District.
3.Taluk Surveyor, Vadipatti Taluk, Madurai 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 2nd and 3rd respondents to survey the petitioner's land and place the survey stones comprised in Survey No.317/7-B to an extent of 5 cents (0.2.00 Ares) situated at Alanganallur Village, Vadipatti Taluk, Madurai District based on his representation dated 25.10.2018 within a time stipulated by this Court.
For Petitioner :Mr.S.Alagusundar For Respondents :Mr.P.kannidevan Additional Government Pleader
ORDER
The Petitioner has prayed for issuance of a Writ of Mandamus directing the respondents 2 and 3 to survey the petitioner's land and place the survey stones comprised in Survey No.317/7-B to an extent of 5 cents (0.2.00 Ares) situated at Alanganallur Village, Vadipatti Taluk, Madurai District based on his representation dated 25.10.2018 within a time stipulated by this Court.
2.Mr.P.Kannidevan, learned Additional Government Pleader takes notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
https://hcservices.ecourts.gov.in/hcservices/ 3.The Petitioner contends that he purchased the subject land from the original owners on 29.08.2018. The land originally belongs
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to one R.Ramasamy Naidu to an extent of 0.10.00 Ares at Alanganallur Village, Vadipatti Taluk, Madurai District. The said Ramasamy Naidu executed a registered settlement deed in favour of his wife Yasothaiyammal in Document No.19/1988 on 07.01.1988. Now, the said Yasothaiyammal registered a sale deed in favour of the petitioner for five cents and the second respondent has also issued separate patta in his name and sub divided as 317/7-B (Patta No.3524). Now, the petitioner needs to survey the land and he has paid necessary charges to conduct the survey on 25.10.2018.
4.Under such circumstances, the respondents are directed to measure the property after giving sufficient opportunity of hearing to the Petitioner and notice to the other interested parties, if any, and pass appropriate orders on merits and in accordance with Law, as per seniority, within a period of 12 weeks from the date of receipt of a copy of this order.
5.With the above directions, the Writ Petition stands disposed of. No costs.
Sd/Assistant Registrar(CO)
/True Copy/
Sub Assistant Registrar(CS-II)
1.The District Collector, Madurai.
2.The Tahsildar, Vadipatti, Madurai District.
3.Taluk Surveyor, Vadipatti Taluk, Madurai District.
+1cc to Special Government Pleader, SR.No.98626
W.P(MD)No.23703 of 2018 03.12.2018
RJ2
SPRSK SAR2 12.12.2018 2P 5C
1 issue framed by the court
Whether to direct the respondents to survey the petitioner's land and place survey stones within a stipulated period.
M.Murugan
The District Collector, Madurai
The Tahsildar, Vadipatti, Madurai District
Taluk Surveyor, Vadipatti Taluk, Madurai District
V.BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
