Disposed

Radhasingh.M v. the Tahsildar

Madras HC17 Aug 2021WP(MD)/14478/2021

Case brief

AI extract

What is this about?

This writ petition seeks a direction to survey and demarcate property in Survey No.301/67. The court directed the respondents to consider the petitioner's representation, hearing all joint pattadhars and affected persons, and pass a reasoned order within two months, without adjudicating merits.

What did the court decide?

Direction to respondents to consider petitioner's representation, hear joint pattadhars and affected persons, and pass a reasoned order on survey within two months.

Radhasingh.M Vs the Tahsildar — Property and Title | Madras HC (2021)

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W.P. No.14478 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2021 CORAM

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THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD) No.14478 of 2021

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M.Radhasingh ... Petitioner

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Vs.

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1.The Tahsildar,

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Eral Taluk, Thoothukudi District.

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2.The Taluk Surveyor,

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Taluk Office,

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Eral Taluk,

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Thoothukudi District.

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3.The Inspector of Police, Nazareth Police Station, Thoothukudi District.

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... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 and 2 to survey and demarcate the petitioner's property comprised in Survey No.301/67 in Patta No.152, situated at Mookupeeri Village, Eral Taluk, Thoothukudi District, by considering the petitioner's representation dated 04.05.2021 submitted to the respondents, within the time frame that may be fixed by this Court.

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For Petitioner : Mr.S.Mandhiralingeswaran For Respondents : Mr.R.Baskaran Counsel for State

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O R D E R

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The petitioner seeks the survey and demarcation of the property comprised in Survey No.301/67 at Mookupeeri Village, Eral Taluk, Thoothukudi District,

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The petitioner traces title to the above mentioned property through a registered gift settlement deed bearing Document No.138/2018 dated 07.02.2018. The petitioner also relies upon a copy of the chitta issued in respect of the said Survey Number.

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The petitioner states that he intends to carry out a survey and fix the boundaries of the property so as to prevent encroachment. Accordingly, the petitioner remitted the requisite https://hcservices.ecourts.gov.in/hcservices/

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W.P. No.14478 of 2021

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fees on 04.05.2021 and applied for survey. On account of the inaction of the first and second respondents, the present writ petition is filed.

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Mr.R.Baskaran, learned counsel for the State, accepts notice on behalf of all three respondents. He submits that the petitioner's representation may be considered subject to putting all the joint pattadhars on notice.

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The petitioner has enclosed the gift deed in his name. He has also enclosed a copy of the chitta in respect of Survey No.301/67. The said chitta contains the names of Saraswathi, Chellaiah and Radhasingh (the petitioner). While Saraswathi appears to be the petitioner's mother, Chellaiah appears to be a third party. In any event, all the joint pattadhars would have to be heard before the petitioner's application for survey is decided.

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Subject to the above observations but without going into the merits of the matter, the first and second respondents herein are directed to consider the petitioner's representation dated 04.05.2021 for a survey of the property in Survey No.301/67 and pass a reasoned order thereon within a period of two (2) months from the date of receipt of a copy of this order after providing a reasonable opportunity to the petitioner, the other joint pattadhars and any other person who would be affected by the conduct of a survey.

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W.M.P(MD).No.14478 of 2021 is disposed of on these terms without any order as to costs.

// True Copy //

tsg

1.The Tahsildar, Eral Taluk, Thoothukudi District.

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2.The Taluk Surveyor, Taluk Office, Eral Taluk, Thoothukudi District.

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3.The Inspector of Police, Nazareth Police Station, Thoothukudi District.

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+1 CC to M/s.GP ( SR-26742[F] dated 19/08/2021 )

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W.P.(MD) No.14478 of 2021 17.08.2021

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https://hcservices.ecourts.gov.in/hcservices/ RD(26.08.2021) 2P 5C

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Radhasingh.M v. the Tahsildar

Case brief

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Radhasingh.M v. the Tahsildar

Case brief

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