R.Mohanasuntharam @ R. Mohan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA R.Mohanasuntharam @ R.Mohan

...Petitioner

Vs 1.The Tahsildar Erode Taluk Office, Erode District - 638 001.

2.The Taluk Land Surveyor, Land Survey and Settlement Department, Erode Taluk, Erode District - 638 001.

...Respondents

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the 1st respondent to carry out proper comprehensive field survey inspection and measurement work with the aid and assistance of the 2nd respondent for fixing appropriate boundary line margin demarcation between the petitioner's land situated in R.S. No 28/20I and the adjacent land in R.S. No 28 / 20H at Sathy Main Road , Chithode village, Erode Taluk, Erode District and to furnish a revised field map sketch after considering the representation of the petitioner dated 04.01.2025 in accordance with law expeditiously within a timeframe as may be stipulated by this Court. 1/4

For Petitioner : Mr.N.S.Suganthan For Respondents : Mr.A.Selvendran Special Government Pleader (For R1 and R2)

ORDER

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

2.The petitioner is the absolute owner of the vacant land situated in R.S.No.28/20I situated at Chithode Village, Erode Taluk, Erode District, to an extent of 0.0.22 ares where petitioner was running a grocery shop. The State Highways Department had recently undertaken the road widening work in front of petitioner's land. In order to sort out the discrepancies in the land measurement and to fix proper boundary margins, petitioner made a request to the respondents on 04.01.2025. 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.

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4.Considering the facts and circumstances of the case, mandamus is issued to the respondents 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 respondents 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.

30.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep 3/4

P.T.ASHA , J, ep To 1.The Tahsildar Erode Taluk Office, Erode District - 638 001.

2.The Taluk Land Surveyor, Land Survey and Settlement Department, Erode Taluk, Erode District - 638 001.

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