A.Balasubramaniyan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA A.Balasubramaniyan ... Petitioner Vs.

1.The Tahsildar Tahsildar Office, Jayakondam Ariyalur District 2.The Land Surveyor Office Of Land Surveyor, Jayakondam, Ariyalur District

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, Directing the 2nd respondent to conduct the survey and mark the boundaries in respect of the property comprised in Survey No 105/23G admeasuring an extent of 0.2.00 hectares, situated in Ariyalur District, udyarpalayam Taluk, Utkottai Village in accordance with Law within a time stipulated by this Honble Court.

For Petitioner : M/s.A.V.Bharathi 1/4

For Respondents : M/s.G.Velu, A.G.P.

for R.1 & R.2.

O R D E R

The above Writ Petition has been filed to direct the 2nd respondent to conduct the survey and mark the boundaries in respect of the property comprised in Survey No 105/23G admeasuring an extent of 0.2.00 hectares, situated in Ariyalur District, Udyarpalayam Taluk, Utkottai Village in accordance with Law.

2. The grievance of the petitioner is that despite the date fixed by the 2nd respondent for surveying the land on 18.11.2024 and the petitioner's representation dated 29.11.2024, the 2nd respondent has not taken any steps to survey the land in question.

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

4. Considering the facts and circumstances of the case, the 2nd respondent is directed to consider the petitioner's representation and conduct survey of the subject property. The petitioner shall submit all 2/4

the relevant records to show his title to the property and the 2nd 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 said exercise shall be completed within a period of 4 months from the date of receipt of a copy of this order.

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

13.12.2024 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The Tahsildar Tahsildar Office, Jayakondam Ariyalur District.

2.The Land Surveyor Office Of Land Surveyor, Jayakondam, Ariyalur District.

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P.T. ASHA . J., (shr) 13.12.2024 4/4