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Madras High CourtWP/34985/2024allowed

J.Vedhagiri v. The Tahsildar

2024-11-27Honourable Ms. Justice P.T. Asha4 pages

In the High Court of Judicature at Madras Dated : 27.11.2024 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.34985 of 2024 J.Vedhagiri

...Petitioner

Vs 1.The Tasildar, Tahsildar Office, Puliyur Town, Egmore Taluk, Chennai North District.

2.The Taluk Town Surveyor, Land Record Office, Puliyur Town, Egmore Taluk, Chennai North District.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents herein to conduct survey and fix the boundary stones in respect of the petitioner's property comprised in patta No.1, T.S.No.19, Acre 1.19 Cents situated at Puliyur Town, Egmore Taluk, Chennai North District by considering the petitioner's online applications dated 23.1.2024 and 24.10.2024.

For Petitioner :

Mr.P.Govindarajan 1/4

For Respondents :

Mr.P.Murugan Raja, GA

ORDER

Seeking a Mandamus to the respondents to consider the online applications dated 23.1.2024 and 24.10.2024 for conducting a survey and fixing the boundaries in respect of the property in patta No.1, T.S.No.19, Acre 1.19 Cents situated at Puliyur Town, Egmore Taluk, Chennai North District, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Government Advocate accepting notice for the respondents.

3. The petitioner's father acquired the said property by way of a sale deed dated 17.5.1960 vide Doc.No.1635 of 1960 on the file of the Sub-Registrar, T.Nagar, Chennai. His father died on 29.11.1994 leaving behind him the petitioner and his siblings as the surviving legal heirs. The mother and two of the brothers of the petitioner predeceased him. Therefore, the petitioner and the other surviving legal heirs inherited the said property. For the purpose of conducting a survey and fixing the boundaries in respect of the said property, the petitioner and his brother made online applications on 23.1.2024 and 24.10.2024 respectively. They also paid necessary fees. However, the respondents have not taken any steps to survey the land. Hence the 2/4

writ petition.

4. The fact that the said property is inherited by the petitioner and his siblings is seen from the narration in the affidavit filed in support of the writ petition. After the demise of his father, since the petitioner and his siblings inherited the said property, they requested the respondents to conduct a survey and fix the boundaries.

5. Considering the facts and circumstances of the case, the writ petition is allowed and a Mandamus is issued to the respondents to conduct survey of the said property and fix the boundaries. The petitioner shall submit all the relevant records to show their title to the said property and the respondents shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, pass orders either surveying and subdividing and fixing the boundaries of the said property 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 6 weeks from the date of receipt of a copy of this order. No costs.

27.11.2024 RS 3/4

P.T.ASHA,J RS To 1.The Tasildar, Tahsildar Office, Puliyur Town, Egmore Taluk, Chennai North District.

2.The Taluk Town Surveyor, Land Record Office, Puliyur Town, Egmore Taluk, Chennai North District.

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