Madras High CourtWP/34071/2024allowed

K.Sangaralingam, v. The Tahsildar

2024-11-22Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA K.Sangaralingam, ... Petitioner Vs.

The Tahsildar Thirukalukundram Taluk Office, Chengalpattu District.

...Respondent

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, Directing the respondent herein to consider the petitioner representation dated 19.07.2024 seeking to survey the property in Old Survey no.230/13 New Survey No.230/13D and old survey No.230/16 New Survey No.230/16C comprised in patta No.57 as per partition deed dated 30.03.1979 in Doc. No.692/1979, SRO, Thirukazhukundram and to correct the extent of the patta in patta No.57 as mentioned in the aforesaid partition deed.

For Petitioner : M/s.G.Magesh Kumar For Respondents : M/s.R.P.Murugan Raja, Govt. Advocate for sole respondent.

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O R D E R

The petitioner seeks a mandamus directing the respondent herein to consider the petitioner representation dated 19.07.2024 seeking to survey the property in Old Survey No.230/13, New Survey No.230/13D and old survey No.230/16, New Survey No.230/16C comprised in patta No.57 as per partition deed dated 30.03.1979 in Doc.No.692/1979, SRO, Thirukazhukundram and to correct the extent of the patta in patta No.57 as mentioned in the aforesaid partition deed.

2. It is the case of the petitioner that he is the absolute owner of the properties comprised in Old Survey No.230/13, New Survey No.230/13D and Old Survey No.230/16, New Survey No.230/16C, measuring an extent of 14 cents and 18 cents respectively, in Aminjikarai Village, Thirukalukundram Taluk, Chengalpattu District by way of a registered partition deed dated 30.03.1979. Since the petitioner wanted his property to be surveyed and demarcated, he had made a representation on 19.07.2024 to the respondent. However, the same has not been considered to date. Therefore, the present writ petition has been filed. 2/4

3. Heard the learned counsel on either side.

4. Considering the request of the petitioner and also the fact that the petitioner has made his representation as early as on 19.07.2024, a mandamus is issued to the respondent 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 respondent 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 The Tahsildar Thirukalukundram Taluk Office, Chengalpattu District.

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