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Madras High CourtWP/34421/2024allowed

P.Sumathi v. The Tahsildar

2024-11-25Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA P.Sumathi ... Petitioner Vs.

The Tahsildar Polur Taluk, Thiruvannamalai 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 to survey the land of the petitioner in Survey No.183/1 to the extent of 2,227 1/2 square feet situated at kasthampadi Village, Polur Taluk, Thiruvannamalai district and fix 4 boundaries on the basis of the petitioners survey Payment E Challan No.20240119010329 dated 19.01.2024 and time may be fixed by this Honble court. For Petitioner : M/s.G.Pavendhan For Respondents : M/s.G.Velu, AGP for sole respondent.

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O R D E R

The petitioner seeks a mandamus directing the respondent to survey the land of the petitioner in Survey No.183/1 to the extent of 2227 1/2 square feet situate at Kasthampadi Village, Polur Taluk, Thiruvannamalai district and fix 4 boundaries on the basis of the petitioners survey Payment E-Challan No.20240119010329 dated 19.01.2024.

2. It is the case of the petitioner that she is the absolute owner of the properties comprised in Survey No.183/1 situate at Kasthampadi Village, Polur Taluk, Thiruvannamalai, measuring an extent of 2227 1/2 sq.ft. by way of a registered sale deed dated 02.12.2002. Since the petitioner wanted her property to be surveyed and demarcated, she had made a representation on 19.01.2024 to the respondent. 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.

4. Considering the request of the petitioner and also the fact that the petitioner has made her representation as early as on 19.01.2024, a mandamus is issued to the respondent to conduct survey and subdivision of 2/4

the petition mentioned property. The petitioner shall submit all the relevant records to show her 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 4 weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is allowed. No costs. 25.11.2024 (shr) Index : Yes/No Speaking Order: Yes/No To The Tahsildar Polur Taluk, Thiruvannamalai District.

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P.T. ASHA . J., (shr) 25.11.2024 4/4