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M. Ramachandran The Tahsildar, Karur & Another

    W.P(MD)No. 22544 of 2022

    Decided On, 26 September 2022

    At, Before the Madurai Bench of Madras High Court

    By, THE HONOURABLE MRS. JUSTICE V. BHAVANI SUBBAROYAN

    For the Petitioner: V. Nagarajan, Advocate. For the Respondents: R1 & R2, C. Satheesh, Government Advocate.



Judgment Text

(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 in S.No.529/1, 530 in Patta No.3825 in Vangal Village, Manmangalam Taluk, Karur District demarcate the property by fixing the survey stones, upon his representations dated 14.5.2022 and 3.9.2022 within the time frame specified by this Court.)

1. The Petitioner has prayed for issuance of a Writ of Mandamus directing the respondents to survey the Petitioner's land in S.No.529/1, 530 in Patta No.3825 in Vangal Village, Manmangalam Taluk, Karur District demarcate the property by fixing the survey stones, upon his representations dated 14.5.2022 and 3.9.2022 within the time frame specified by this Court.

2. Mr.C.Satheesh, learned Government Advocate takes notice for the respondents 1 and 2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The case of the Petitioner is that the Petitioner, S.Ganesan, son of Subramani of Vangal, K.Ananthakumar, son of Kandasamy of Renganathampettai and V.Balakrishnan, son of Veerappa Gounder of Nathamedu have purchased 70 cents of land comprised in S.No.529/1, 530 in Patta No.3825 in Vangal Village, Manmangalam Taluk, Karur District from A.Balasubramani, son of Emakandar of Agraharam in Vangal post, Manmangalam Taluk of Karur District for a valuable consideration of Rs.12,34,000/- through a registered sale deed, dated 4.3.2022 and they are in possession and enjoyment of the same from that date onwards. Whileso, the Petitioner on 14.5.2022, had applied to the second respondent for surveyng the land and demarcating their property by fixing survey stones and remitted a fee of Rs.1600/- via E-Chalan dated 14.5.2022. Since no action was taken, the Petitioner has sent a representation to the respondents on 3.9.2022 for surveying and demarcating the property in S.F.No.529/1, 530 in Patta No.3825 based on their sale deed. The Petitioner has also enclosed all the necessary and requisite documents as sought for by the authorities concerned. Since no action was taken so far, the Petitioner has filed this Writ Petition for the relief stated supra.

4. The learned Government Advocate, on instructions, submitted that there is objection from one person called Jegannathan, son of Achi kandar.The Petitioner has produced the appropriate documents to show that he being the owner of the said property as mentioned above.

5. The authorities because some third parties are objecting for measuring, cannot say that they have no right to measure the property in question and they have to do their work in the official capacity in the manner known to law.

6. In view of the same,this Court, without going into the merits of the matter, directs the respondents to survey the Petitioner's land in S.No.529/1, 530 in Patta No.3825 in Vangal Village, Manmangalam Taluk, Karur District todemarcate the property by fixing the survey sto

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nes based on his representations, dated 14.5.2022 and 3.9.2022,on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned, within a period of eight weeks from the date or receipt of a copy of this order. 7. With the above directions, the Writ Petition stands disposed of. No costs.
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