Vijayalakshmi Krishnaraj v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 11.11.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA Vijayalakshmi Krishnaraj ... Petitioner Vs
1. The Tahsildar Ulundurpet Taluk, Kallakuruchi District
2. The Surveyor Elavanasur Kottai Land Measurement Department Pidagam, Ulundurpet Kallakuruchi
3. The Sub Inspector of Police, Elavanasur Kottai Police Station, Ulundurpet, Kallakuruchi ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking Writ of Mandamus directing the respondent to survey, make subdivision, and fix the boundary stones of the land belonging to 1/5
the Petitioner in Kallakuruchi, Elavanasur Sub R.D. In Dry Re. Survey No. 100/1 (0.63 cents) the property situated within the Pidagam Panchayat under Ulundurpet Panchayat Union based on his application for the survey, measurement vide Challan No. 2024/0123/33/002189 dated 10.07.2024 and to give proper police protection to enable the second respondent to measure the land.
For Petitioner :
Mr.C.Abiman Regunath For Respondents 1 & 2 :
Mr.R.P.Murugan Raja Government Advocate For Respondent 3 :
Mr.A.Vinat Raja Government Advocate (Crl Side)
ORDER
The above Writ Petition has been filed seeking a mandamus to the respondents to survey the property and fix boundary stones in the property of the petitioner situated in Dry Re. Survey No. 100/1 (0.63 cents) in Elavanasur Sub R.D., Kallakuruchi, so as to enable her to fence her property.
2.The petitioner's grievance is that, despite submitting a 2/5
application to the second respondent along with the required charges on 10.07.2024, the respondents have not yet conducted the survey of the land in question. Hence, 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, a mandamus is issued to the respondents to conduct a 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.
11.11.2024 Index: Yes/No Speaking order/non-speaking order srn To:
1. The Tahsildar Ulundurpet Taluk, Kallakuruchi District
2. The Surveyor Elavanasur Kottai Land Measurement Department Pidagam, Ulundurpet Kallakuruchi
3. The Sub Inspector of Police, Elavanasur Kottai Police Station, Ulundurpet, Kallakuruchi P.T.ASHA, J., 4/5
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