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2022 Supreme(Online)(Mad) 52899

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN
Alagarsamy – Appellant
Versus
The Tahsildar – Respondent



BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 15.09.2022 CORAM THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.21800 of 2022 Alagarsamy ..Petitioner Vs

1.The Tahsildar, Vadipatti Taluk Office, Vadipatti, Madurai District.

2.The Taluk Surveyor, Vadipatti Taluk Office, Vadipatti, 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 second respondent to conduct survey of the property in S.No.675/1A, for an extent of 1.55.0 hetcares(total extent of 3 acres and 83 cents) situated at Melakkal Village, Vadipatti Taluk, Madurai District on the basis of the Petitioner's application dated 3.8.2022 within the time frame fixed by this Court.

For Petitioner :Mr.M.Palani For Respondents :Mr.D.Gandhiraj

1 and 2 Spl. Government Pleader

ORDER

The Petitioner has prayed for issuance of a Writ of Mandamus directing the second respondent to conduct survey of the property in S.No.675/1A, for an extent of 1.55.0 hetcares(total extent of 3 acres and 83 cents) situated at Melakkal Village, Vadipatti Taluk, Madurai District on the basis of the Petitioner's application, dated 3.8.2022 within the time frame fixed by this Court.

2.Mr.D.Gandhiraj, learned Special Government Pleader 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 is a registered power agent in respect of the landed property in S.No.675/1A, for an extent of 1.55.0 hetcares(total extent of 3 acres and 83 cents) situated at Melakkal Village, Vadipatti Taluk, Madurai District. One Murugan, son of Rasu Thevar purchased the subject property by way of registered sale deed from his vendor namely, Pandi and others. Thereafter the said Murugan gave power in respect of the above property through a power deed in Document No.82 of 2012, dated 19.10.2012. From that date onwards, the Petitioner is in possession and enjoyment of the said property by paying necessary tax. Whileso, the Petitioner has submitted an application to the first respondent to survey the above property and to fix the four boundaries and also paid the requisite fees for the same.But till date, no steps having been taken to measure the property. Hence the Petitioner has filed the present Writ Petition for the relief stated supra.

4.The learned Special Government Pleader appearing for the respondents 1 and 2 would submit that the respondents will take necessary action to survey the property of the Petitioner within the time fixed by this Court.

5.In view of the above submission, this Court directs the second respondent /The Taluk Surveyor, Vadipatti Taluk Office, Vadipatti, Madurai District to take necessary action to survey the property of the Petitioner in S.No.675/1A, for an extent of 1.55.0 hetcares(total extent of 3 acres and 83 cents) situated at Melakkal Village, Vadipatti Taluk, Madurai District and fix the four boundries of the said property based on his application, dated 3.8.2022, after affording an opportunity of hearing to the parties concerned,within a period of eight weeks from the date of receipt of a copy of this order.

6.With the above direction, the Writ Petition stands disposed of. No costs.

15.09.2022 Index : Yes/No Internet:Yes/No vsn To

1.The Tahsildar, Vadipatti Taluk Office, Vadipatti, Madurai District.

2.The Taluk Surveyor, Vadipatti Taluk Office, Vadipatti, Madurai District.

V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.21800 of 2022

15.09.2022

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