Sujatha Periyasamy v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Sujatha Periyasamy

...Petitioner

Vs.

The Tahsildar, Coimbatore (North) Taluk, Coimbatore District.

Pincode - 641 035.

...Respondent

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 28.11.2024 to survey and measure petitioner's land situated at No.119A, ''Sri Lakshmi Gardens'', Vilankuruchi Village comprised in Old Survey No.441/1, 441/2A, 441/2B, 441/2C, 441/2D measuring to an extent of 6550 Sq.ft., and fix boundary stones. For Petitioner :Mr.J.S.Arunkumar For Respondent :Mr.G.Velu Additional Government Pleader

O R D E R

Challenging the refusal to survey the suit property, the petitioner is before this Court.

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2. The petitioner would submit that the petition mentioned property originally belonged to Coimbatore Sri Lakshmi Labourers Welfare Housing Society. On 31.10.2018, petitioner's father namely S.Sivan had executed a Settlement Deed in favour of the petitioner to an extent of 6550 sq.ft., under a registered Document No.7564 of 2018 on the file of Sub Registrar Office Ganapathy, Coimbatore District. From the date of purchase, the petitioner's father had paid property tax to the Corporation. Since it is very difficult to identify the petitioner's land due to the construction raised in the above said layout, the petitioner sent a representation to the respondent on 28.11.2024. However, the survey has not been conducted to date. Therefore, the petitioner is before this Court.

3. Heard the learned counsels on the either side and perused the records.

4. Considering the facts and circumstances of the case, 2/4

mandamus is issued to the respondent to conduct survey of the petition mentioned property. The petitioner shall submit all the relevant records to show his title to the property and the respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, proceed to pass orders either surveying and subdividing the property or rejecting the request. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of 8 weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is allowed. No costs.

23.01.2025 Index: Yes/No Internet : Yes/No srn 3/4

P.T. ASHA, J, srn To The Tahsildar, Coimbatore (North) Taluk, Coimbatore District.

Pincode - 641 035.

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