Tmt.Dhanam v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2024
CORAM
THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.32225 of 2024 Dhanam
...Petitioner
Vs.
1. The Tahsildar, Pappireddipatty Taluk, Pappireddipatti, Dharmapuri District.
2. The Taluk Surveyor, Office of the Tahsildar, Pappireddipatty Taluk, Pappireddipatti, Dharmapur District.
3. The Inspector of Police, Pappireddipatty Police Station, Pappireddipatti, Dharmapuri District.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to survey the petitioner's lands comprised in S.Nos.46/2A, 47/4D and 47/6 in Gundalmadugu Village, Pappireddipatti Taluk, Dharmapuri District after issuing notice to the neighboring land owners, if necessary, with police assistance.
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For Petitioner : Mr.R.Asokan For R1 & R2 : Mr.P.Sathish Additional Government Pleader For R3 : Mr.S.Sugendran, Additional Public Prosecutor
O R D E R
The petitioner herein seeks a direction to the respondents 1 and 2 to survey her property situated in S.Nos.46/2A, 47/4D and 47/6 in Gundalmadugu Village, Pappireddipatti Taluk, Dharmapuri District after issuing notice to the neighboring land owners.
2. By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.
3. It is the case of the petitioner that she purchased the above mentioned property under registered sale deed dated 02.07.1996 and the patta was also issued in the name of the petitioner in patta Nos.265 and 292. Earlier, the petitioner submitted an on-line application seeking survey of the property and 2/5
the same was also done by the respondents. However, the neighboring land owners namely Nagarajan, Subash, Pushpalatha, Umarani and her husband Inbasekar were not satisfied with the survey conducted by the respondents. Therefore, the petitioner seeks re-survey of the above mentioned land in the presence of the neighboring land owners.
4. Mr.P.Sathish, learned Additional Government Pleader, who takes notice for the respondents 1 & 2 would submit that the petitioner has to submit a fresh on-line application seeking survey of the land and the same will be considered, on merits, in accordance with law.
5. In view of the above submission made by the learned Additional Government Pleader, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the petitioner to file a fresh on-line application seeking Survey of the land and pay necessary charges within a period of two weeks from the date of receipt of a copy of this Order. On filing of such application by the petitioner within stipulated time, the first respondent shall consider the same and pass final orders on its own merits, after issuing necessary notice to the petitioner, neighboring land owners and 3/5
any other interested parties within a period of eight weeks from the date of receipt of on-line application.
6. With the above direction, this Writ Petition is disposed of. No costs.
29.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order To
1. The Tahsildar, Pappireddipatty Taluk, Pappireddipatti, Dharmapuri District.
2. The Taluk Surveyor, Office of the Tahsildar, Pappireddipatty Taluk, Pappireddipatti, Dharmapur District.
3. The Inspector of Police, Pappireddipatty Police Station, Pappireddipatti, Dharmapuri District.
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S. SOUNTHAR, J.
av W.P No.32225 of 2024 29.10.2024 5/5