E.Sankar v. The Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA E.Sankar ... Petitioner Vs.

1.The Tahsildar, Kilpennathur Taluk Office, 2.The Head Surveyor, Kilpennathur Taluk Office,

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, Direct the respondents to survey the Petitioners land in Old Survey No. 54/18, New Survey no. 207/22 situated at Sellkuppam Village, Tiruvannamalai District, on the Petitioners online application dated 29.08.2024 in accordance with law as expeditiously as possible.

For Petitioner : M/s.P.Vasanth 1/4

For Respondents : M/s.G.Velu, AGP for R.1 & R2.

O R D E R

The petitioner seeks a mandamus directing the respondents to survey the Petitioners land in Old Survey No. 54/18, New Survey no. 207/22 situated at Sellkuppam Village, Tiruvannamalai District, on the Petitioners online application dated 29.08.2024 in accordance with law as expeditiously as possible.

2. It is the case of the petitioner that he is the absolute owner of the property bearing patta no.69, comprised in Grama Nathan Survey No.54/18, New Survey No.207/22, measuring an extent of 635 Sq.ft. (59 Sq.mt.) in Sellkuppam Village, Tiruvannamalai District by way of a registered settlement deed dated 14.07.2023. Since the petitioner wanted his property to be surveyed and demarcated, he had submitted an online application on 29.04.2024 to the respondents. However, the same has not been considered to date. Therefore, the present writ petition has been filed.

3. Heard the learned counsel on either side.

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4. Considering the request of the petitioner and also the fact that the petitioner has submitted his online application as early as on 29.08.2024, a mandamus is issued to the respondents to conduct survey and subdivision of the petition mentioned property. The petitioner shall submit all the relevant records to show his 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.

5. With the above directions, this Writ Petition is allowed. No costs. 22.11.2024 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The Tahsildar, Kilpennathur Taluk Office, 2.The Head Surveyor, Kilpennathur Taluk Office, 3/4

P.T. ASHA . J., (shr) 22.11.2024 4/4