G.Nagaraj v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 25.11.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA G.Nagaraj
...Petitioner
Vs.
1.The Tahsildar Arani Taluk, Arani, Tiruvannamalai District.
2.The Taluk Head Surveyor Arani Taluk, Arani, Tiruvannamalai District.
...Respondents
Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing the respondents to take action to dispose of the petitioner's representation to take action to dispose of the petitioner's representation dated on 20.12.2023 and 24.10.2024 submitted with regard to survey the petitioner house site property of 1377 sq.ft 1/7
comprised in T.S.No.147 block No.D/4, admeasuring Northern and Southern sides 17 feet, Eastern and western side 81 feet in all totally 1377 sq.ft situated at Keel Arani village, Bharathiyar street, Arani Taluk, within Arani municipality limit, Tiruvannamalai District within sub registration district of Arani, registration district of cheyyar having derived the same by way of settlement deed dated 27.4.1987 executed by petitioner father Mr.T.V.K.Ganeshan, S/o.T.V.Kumarasamy, registered as Doc.No.1332/1987 at SRO, Arani, by making proper sub division.
For Petitioner :
Mr. V.Logeswaren For Respondents :
Mr. S.Jayachandran Government Advocate.
O R D E R
The above Writ Petition has been filed seeking mandamus to the respondents to survey the petitioner's house site. 2/7
2. It is the case of the petitioner that he is the absolute owner of the subject property measuring an extent of 1377 sq.ft., comprised in T.S.No.147, Block No.D/4, situate at Keel Arani Village, Bharathiyar Street, Arani Taluk, within Arani Municipality limit, Tiruvannamalai District, by way of a settlement deed dated 27.04.1987, executed by his father. Since then the petitioner has been in continuous possession and enjoyment of the same. Thereafter, the petitioner came to learn that there is a discrepancies with reference to the measurement of the land. Therefore, the petitioner made a representations on 20.12.2023 and 24.10.2024 to the respondents to survey the subject property. Since there is no response, 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, the respondents are directed to conduct survey of the subject property. The petitioner shall submit all the relevant records to show his title to the 3/7
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 said exercise shall be completed within a period of 6 weeks from the date of receipt of a copy of this order.
5. The Writ Petition is allowed. No costs.
25.11.2024 Index : Yes/No Internet : Yes/No kan 4/7
To 1.The Tahsildar Arani Taluk, Arani, Tiruvannamalai District.
2.The Taluk Head Surveyor Arani Taluk, Arani, Tiruvannamalai District.
5/7
P.T. ASHA, J, kan W.P.No. 34596 of 2024 6/7
25.11.2024 7/7