K.Sundaravel v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 38690 of 2024 K.Sundaravel

...Petitioner

Vs.

1.The Tahsildar Office of the Tahsildar, Chinnasalem Taluk, Kallakurichi District.

2.The Head Surveyor Survey Department, Chinnasalem Taluk, Kallakurichi District

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the the respondents to survey and demarcate the boundaries of the petitioner's property situated at Thottapadi Village, Chinnasalem Taluk, Kallakurichi District, under survey nos.17/1A2 and 17/2A based the application made application dated 18.06.2024 along with necessary fees paid to the respondents 1/6

For Petitioner :

Mr. D.Murugan.

For Respondents :

Mr. S.Jayachandran Government Advocate.

O R D E R

The Writ Petition is filed for the following relief: "To direct the respondents to survey and demarcate the boundaries of the petitioner's property situated at Thottapadi Village, Chinnasalem Taluk, Kallakurichi District, under Survey Nos.17/1A2 and 17/2A based on the application dated 18.06.2024 along with necessary fees paid to the respondents".

2. It is the case of the petitioner that the subject property is his ancestral property. On 24.09.2006, the petitioner's father died. Thereafter, a partition deed - cum - release deed in Doc.No.3864 of 2010, was executed on 03.08.2024 and the petitioner has inherited the subject property. Since then, the petitioner has been in continuous 2/6

possession and enjoyment of the property.

3. On 18.06.2024, the petitioner submitted an application before the Tahsildar, Chinnasalem Taluk, requesting survey of the property. However, no action was taken on the said application. Therefore, the petitioner is before this Court.

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

5. Considering the facts and circumstances of the case, the 1st respondent is directed to consider the petitioner's representation and conduct survey of the subject 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 said 3/6

exercise shall be completed within a period of 4 weeks, from the date of receipt of a copy of this order.

6. The Writ Petition is allowed. No costs.

03.01.2025 Index : Yes/No Internet : Yes/No kan To 4/6

1.The Tahsildar Office of the Tahsildar, Chinnasalem Taluk, Kallakurichi District.

2.The Head Surveyor Survey Department, Chinnasalem Taluk, Kallakurichi District P.T. ASHA, J, 5/6

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