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Madras High CourtWP/34738/2024allowed

P.Kirubanandam v. The Tahsildar

2024-12-19Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.12.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA P.Kirubanandam

...Petitioner

Vs.

1. The Tahsildar, Ambattur Taluk, Ambattur, Chennai

2. D.Prithiviraj

...Respondents

Prayer: Writ Petition is filed under Article 226 of the constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to conduct survey and measure the property comprised in Survey No.14/17 in Patta No.66, classified as Punjai land situated at No.87, Mannurpet Village, Ambattur Taluk to an extent of 8 cents derived out of 63 cents by fixing boundary stones based on petitioner's representation dated 16.07.2024.

For Petitioner :

Mr.D.Suriyanarayanan For Respondent :

Mr.A.Selvendran 1/5

Special Government Pleader

O R D E R

The above Writ Petition has been filed seeking a mandamus to conduct survey and measure the property comprised in Survey No.14/17 in Patta No.66, classified as Punjai land situated at No.87, Mannurpet Village, Ambattur Taluk to an extent of 8 cents derived out of 63 cents by fixing boundary stones based on the petitioner's representation dated 16.07.2024.

2. The petitioner's grievance is that, despite submitting a representation to the 1st respondent on 16.07.2024, requesting the 1st respondent to conduct the survey and measure the above mentioned property by fixing the boundary stones, the 1st respondent has not proceeded to survey the land in question to date. Hence, the petitioner is before this Court.

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3. The learned Special Government Pleader appearing for the 1st respondent would submit that the charges for surveying the land have not been paid to the Government. He would further submit that once the charges are paid, they will consider the petitioner's representation.

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 1st respondent to conduct survey of the petition mentioned property. The petitioner shall submit all the relevant records to establish his title to the property and the 1st respondent concerned 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 12 weeks from the date of payment of the requisite charges for 3/5

surveying the land.

5. With the above directions, this Writ Petition is allowed. No costs.

19.12.2024 Index : Yes/No Internet : Yes/No srn To The Tahsildar, Ambattur Taluk, Ambattur, Chennai 4/5

P.T. ASHA, J, srn 19.12.2024 5/5