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Madras High CourtWP/31843/2024allowed

Jayaselvi v. The Tahsildar

2024-11-06Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Jayaselvi

...Petitioner

Vs.

1.The Tahsildar Bhuvanagiri Taluk Office, Cuddalore District.

2.The Land Surveyor Bhuvanagiri Taluk Office, Cuddalore District.

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus directing the respondents to survey and fix boundaries for the land to an extent of 2.06 ares, bearing survey No.82/15B, situated at Periyapattu village, Bhuvanagiri Taluk, Cuddalore District, based on the petitioner's application dated 01.07.2024, within the time limit to be stipulated by this Court.

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For Petitioner :

Mr. M.Vijaya Ragavan For Respondents :

Mr. R.P.Murugan Raja Government Advocate.

O R D E R

Seeking mandamus to the respondents to survey the property, the petitioner is before this Court.

2. It is the case of the petitioner that her father, Balakrishnan purchased an agricultural land to an extent of 0.07 1⁄2 cents in S.No.82/15B, situated at Periyapattu village, Bhuvanagiri Taluk, Cuddalore District. The said Balakrishnan passed away on 23.01.2017. Since then, the petitioner and her siblings were enjoying the said land. Thereafter, dispute arose with regard to the boundary. Hence, the petitioner has made an application before the 1st respondent to measure the land and fix boundaries. She has also paid 2/6

the necessary fees for the same. Since there was no action, 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, mandamus is issued to the respondents to conduct survey of the petition mentioned property. The petitioner shall submit all the relevant records to show her 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.

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

06.11.2024 Index : Yes/No Internet : Yes/No kan To 1.The Tahsildar Bhuvanagiri Taluk Office, Cuddalore District.

2.The Land Surveyor Bhuvanagiri Taluk Office, Cuddalore District.

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P.T. ASHA, J, kan W.P.No. 31843 of 2024 5/6

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