G.Tamilselvan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA G.Tamilselvan ... Petitioner Vs

1. The Tahsildar, Tindivanam Taluk Office Tindivanam Villupuram District

2. The Head Surveyor, Tindivanam Taluk Office Tindivanam Villupuram District ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondent herein to conduct a survey of the petitioner's land and laying boundary stone in S.No.80/10, bearing patta No. 96, of an extent of 117 S.meter situated at Vellimedupettai Village, Tindivanam Taluk, Villupuram District by considering the petitioner's representation/application, within a reasonable time frame.

1/5

For Petitioner :

Mr.P.Murali For Respondents 1 & 2 :

Mr.R.P.Murugan Raja Government Advocate

ORDER

Challenging the refusal to survey the suit property, the petitioner is before this Court.

2. It is the case of the petitioner that his father had settled a property measuring an extent of 117 square meters in S.No.80/10 situated at Vellimedupettai Village, Tindivanam Taluk, Villupuram District. The petitioner has been in continuous possession and enjoyment of the same since then. He has also obtained a Patta in Patta No.96. On 27.10.2023, he made a representation to the respondents to survey his land along with the necessary charges. Despite several requests, the respondents have not come forward to survey his land. Hence, the petitioner is before this Court.

3. Heard the learned counsels on the either side and perused the 2/5

records.

4. Considering the facts and circumstances of the case, a mandamus is issued to the respondents to measure 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 measuring 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.

3/5

5. With the above directions, this Writ Petition is allowed. Consequently, the connected miscellaneous petitions are closed. No costs.

25.11.2024 Index: Yes/No Speaking order/non-speaking order srn To,

1. The Tahsildar, Tindivanam Taluk Office Tindivanam Villupuram District

2. The Head Surveyor, Tindivanam Taluk Office Tindivanam Villupuram District P.T.ASHA, J., 4/5

srn 25.11.2024 5/5