Baskar v. The State Rep By

In the High Court of Judicature at Madras Dated : 12.12.2024 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.37233 of 2024 Baskar

...Petitioner

Vs The State rep.by 1.The Tahsildar, Tiruchengode Taluk, Namakkal District.

2.The Head Surveyor, Tiruchengode Taluk, Namakkal District.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to process the e-challan Number 2024/0123/09/002021 dated 13.9.2024 for Survey Nos.43/2C and 43/2G to do the survey and to fix the boundaries in respect of the petitioner's property situated at Kokkalai Village, Tiruchengode Taluk, Namakkal District. For Petitioner :

Mr.R.Thirumoorthy For Respondents :

Mr.S.Jayachandran, GA 1/4

ORDER

Seeking a Mandamus to the first respondent to consider his online application dated 13.9.2024 for surveying and demarcating the property measuring 0.65.5 hecatre in Survey Nos.43/2C and 43/2G, Kokkalai Village, Tiruchengode Taluk, Namakkal District, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Government Advocate accepting notice for the respondents.

3. The case of the petitioner is that he acquired the said property by way of purchase vide sale deed dated 30.12.2015 registered as doc.No.8404 of 2015 on the file of the Sub-Registrar, Tiruchengode. After the purchase, he has been in possession and enjoyment of the said property. He made an online application to the first respondent on 13.9.2024 to conduct a survey and fix the boundaries in respect of the said property. He also paid necessary charges. However, no action was taken on the same. Hence the writ petition.

4. The fact that the property belongs to the petitioner is seen from the narration in the affidavit filed in support of the writ petition. Since the petitioner purchased the said property, he requested the first 2/4

respondent to conduct a survey and demarcate the boundaries of the said property.

5. Considering the facts and circumstances of the case, the writ petition is allowed and a Mandamus is issued to the first respondent to conduct survey of the said property in respect of the said property and demarcate its boundaries. The petitioner shall submit all the relevant records to show his title to the said property and the first respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, pass orders either surveying the said property and demarcating its boundaries or rejecting the request. In the case of rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order. No costs. 12.12.2024 To 1.The Tahsildar, Tiruchengode Taluk, Namakkal District.

2.The Head Surveyor, Tiruchengode Taluk, Namakkal District.

RS 3/4

P.T.ASHA,J RS 12.12.2024 4/4