Velu v. The Thasildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Mr.Velu

...Petitioner

Vs.

1. The Tahsildar, Arakkonam Taluk, Government of Tamil Nadu, Ranipet District.

2. Mr.Mayakrishnan

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing the 1st respondent to conduct a survey of properties of the Petitioner bearing S.Nos.326B/4B, 326 B/4C, 326/4A and 326B/4H through a District Surveyor.

For Petitioner :Mr.V.Giri Shankar For 1st Respondent:Mr.S.Jayachandran Government Advocate

O R D E R

Challenging the refusal to survey the suit property, the petitioner 1/5

is before this Court.

2. The petitioner would submit that the petition mentioned lands are agricultural and cultivable lands which he has owned for a long period and he is carrying out agricultural activities in the said lands. The 2nd respondent has encroached his lands in S.Nos.326B/4B and 326B/3 by illegally removing the survey stone installed by the Survey Department. In order to demarcate the above property, the petitioner had given written representations to the 1st respondent on 17.11.2023, and to the District Collector of Ranipet on 20.11.2023. The Surveyors visited the petitioner's land to conduct the survey but left without marking the boundaries for the survey numbers of the lands. Therefore, the petitioner had given another representation to the Revenue Divisional Officer on 22.12.2023. However, the survey has not been conducted to date. Therefore, the petitioner is before this Court.

3. Heard the learned counsels on the either side and perused the records.

2/5

4. Considering the facts and circumstances of the case, mandamus is issued to the 1st respondent to conduct survey of the petition mentioned property. The petitioner shall submit all the relevant records to show his title to the property and the 1st 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.

23.01.2025 Index: Yes/No Internet : Yes/No srn 3/5

4/5

P.T. ASHA, J, srn To The Tahsildar, Arakkonam Taluk, Government of Tamil Nadu, Ranipet District.

23.01.2025 5/5