Yuvaraj v. The Tasildhar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 27.01.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA Yuvaraj
...Petitioner
Vs.
1.The Tahsildar Tiruppur South Taluk Tiruppur District.
2.The Taluk Surveyor Tiruppur South Taluk Tiruppur District.
3.The Village Administrative Officer Kandiyankovil Tiruppur South Taluk Tiruppur District.
...Respondents
Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus to direct the respondents to survey the petitioner's land measuring 0.18 hectares in R.S.No.471/3A3A1A and the land measuring 1.16 hectares in R.S.No.471/3A3A1B in Kandiyankovil Village of Tiruppur South Taluk in Tiruppur District as per Gift Settlement Deed in 1/5
Doc.No.5377 of 2019 dated 15.11.2019 and Supplementary Deed in Doc.No.5760 of 2019 dated 05.12.2019 on the file of Sub Registrar, Thottipalayam by considering the petitioner's application dated 31.08.2023. For Petitioner : Mr.N.Ponraj For Respondents 1 to 3 : Mr.G.Velu Additional Government Pleader
ORDER
The above writ petition has been filed seeking a mandamus to the the respondents to consider the petitioner's online application dated 31.08.2023.
2. The case of the petitioner is that the subject property measuring 0.18 hectares in R.S.No.471/3A3A1A and 1.16 hectares in R.S.No.471/3A3A1B in Kandiyankovil Village in Tiruppur District which belonged to the petitioner's father K.C.Subramaniam, was settled in favour of the petitioner vide Gift Settlement Deed in Doc.No.5377 of 2019 dated 15.11.2019, and Supplementary Deed in Doc.No.5760 of 2019 dated 05.12.2019 on the file of Sub Registrar, Thottipalayam, and that the 2/5
petitioner had been in possession of the property ever since from the date of settlement. The petitioner had mutated the revenue records and patta was also issued in the name of the petitioner. On 31.08.2023, the petitioner made an online application to survey the subject property along with requisite documents. But it did not evoke any response from the respondents till date. Hence, the present writ petition.
3. Heard the learned counsels on the either side and perused the records.
4. Considering the facts and circumstances of the case, a mandamus is issued to the first and second respondents to conduct survey of the petition mentioned property and to fix the boundary stones. The petitioner shall submit all the relevant records to show his title to the property and the respondents shall hold an enquiry after issuing notice to the adjacent land owners and interested parties, and thereafter, proceed to pass orders either surveying and subdividing the property or rejecting the request. In case of rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of six (6) weeks from the date of receipt of a 3/5
copy of this order.
5. With the above directions, this writ petition is allowed. No costs. 27.01.2025 Index : Yes/No Internet : Yes/No ds To:
1.The Tahsildar Tiruppur South Taluk Tiruppur District.
2.The Taluk Surveyor Tiruppur South Taluk Tiruppur District.
3.The Village Administrative Officer Kandiyankovil Tiruppur South Taluk Tiruppur District.
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P.T. ASHA, J, ds W.P.No. 1613 of 2025 27.01.2025 5/5