Rani v. The Tahsildar

In the High Court of Judicature at Madras Dated : 24.1.2025 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.1746 of 2025 Rani

...Petitioner

Vs The Tahsildar, Mettur Taluk, Salem District.

...Respondent

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to consider the petitioner's application in No.2024/0123/08/005599 dated 12.10.2024 for fixing the boundaries by way of survey measurement to the extent of 1 acre in S.No.89/2, Pallipatti Village, Mettur Taluk, Salem District within the time frame fixed by this Court. For Petitioner :

Mr.K.Karthik For Respondent :

Mr.A.Selvendran, SGP

ORDER

Seeking a Mandamus to the respondent to consider her application dated 12.10.2024 to conduct a survey in respect of the property measuring 1/2 acre in S.No.89/2, Pallipatti Village, Mettur 1/5

Taluk, Salem District and to demarcate its boundaries, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for the respondent.

3. The petitioner would contend that she purchased the subject property vide a sale deed dated 29.2.2024 registered as doc.No.1204 of 2024 on the file of the Sub-Registrar, Mecheri from one Mrs.Usharani and one Mrs.Deepa for a valid sale consideration. Ever since the date of purchase, she has been in possession and enjoyment of the subject property. Later, she made an online application to the respondent seeking to conduct a survey in respect of the subject property and demarcate its boundaries. As no action has been taken on that, the petitioner has come forward with this writ petition.

4. The fact that the subject property belongs to the petitioner is seen from the narration in the affidavit filed in support of the writ petition. Since the petitioner acquired the subject property by way of purchase, she requested the respondent to conduct a survey and demarcate its boundaries.

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5. Considering the facts and circumstances of the case, the writ petition is allowed and a Mandamus is issued to the respondent to conduct survey in respect of the subject property. The petitioner shall submit all the relevant records to show her title to the subject property and the respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter pass orders either surveying the subject property and demarcating its boundaries or rejecting the request. In the case of 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. No costs.

24.1.2025 To The Tahsildar, Mettur Taluk, Salem District.

RS 4/5

P.T.ASHA,J RS 24.1.2025 5/5