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[Cites 2, Cited by 0]

Madras High Court

Ramasamy vs The Tahsildar on 22 April, 2021

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                                          W.P.(MD)No.2661 of 2021
                                                                          Ramasamy v. The Tahsildar

                            BEFORE THE MADURAI BENCH OF MADRAS HIGH Court
                                                DATED: 22.04.2021
                                                      CORAM:
                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                             W.P.(MD)No.11390 of 2012
                                                and M.P.No.1 of 2012
                                            (Through Video Conferencing)

                     Ramasamy                                                ... Petitioner

                                                         Vs.

                     1.The Tahsildar,
                       Taluk Office,
                       Thiruvadanai Taluk
                       Ramanathapuram District.

                     2.The Taluk Surveyor,
                       Taluk Office,
                       Thiruvadanai Taluk
                       Ramanathapuram District.                              ... Respondents

                     PRAYER : Writ Petition is filed under Article 226 of the Constitution of
                     India for issuance of a Writ of Mandamus to direct the respondents to
                     consider and survey Nos.19/41, 56 based on the petitioner's representation
                     dated 29.12.2020 within the stipulated period by this Court.




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                                                                               W.P.(MD)No.2661 of 2021
                                                                               Ramasamy v. The Tahsildar

                                     For Petitioner     :Mr.H.Velavadhas
                                     For Respondents :Mr.M.Rajarajan
                                                     Additional Government Pleader


                                                           ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to consider the representation made by the petitioner on 29.12.2020, wherein,the petitioner has sought for survey of the subject property.

2. The case of the petitioner is that he is the owner of the property by virtue of a registered sale deed dated 20.10.1993. The further case of the petitioner is that the patta was also granted in his favour with respect to the subject property. The petitioner wanted to conduct a survey in the subject property and to fix the boundaries. A representation was made to the respondents in this regard on 29.12.2020. Since the same did not evoke any response, the present writ petition has been filed before this Court seeking for appropriate directions.

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3. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing on behalf of the respondents.

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the respondents to consider the representation made by the petitioner on 29.12.2020 on its own merits and in accordance with law and take a decision with regard to the survey of the property within four weeks from the date of receipt of a copy of this order. If there are any other interested parties, notice shall also be issued to them before conducting the survey.

5. The petitioner is directed to make a fresh representation to the respondents enclosing all the relevant documents along with a copy of this order.

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6. The writ petition is disposed of with the above directions. No costs.




                                                                                         22.04.2021
                     Index          : Yes/No
                     Internet       : Yes

                     RR

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1.The Tahsildar, Taluk Office, Thiruvadanai Taluk Ramanathapuram District.

2.The Taluk Surveyor, Taluk Office, Thiruvadanai Taluk Ramanathapuram District.

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RR W.P.(MD)No.2661 of 2021 22.04.2021 5/5 https://www.mhc.tn.gov.in/judis/