P.R.Vaithiyanathan v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.12.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA P.R.Vaithiyanathan
...Petitioner
Vs 1.The Tahsildar Madurantakam Taluk Office Madurantakam.
Chengalpattu District.
2.The Head Surveyor, Madurantakam Taluk Office Madurantakam.
Chengalpattu District.
...Respondents
PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the second respondent herein to conduct survey of the petitioner land and laying boundary stone in S.No.541/5, of an extent of 02 acres 55 cents situated at Zameen Endathur village, Madurantakam taluk, Chengalpattu District by considering the petitioner representation/application dated 21.12.2023 within a reasonable time framed by this Court. For Petitioner : Mr.P.Murali For Respondents : Mr.R.P.Murugan Raja 1/4
Government Advocate
ORDER
The present Writ Petition has been filed seeking direction to respondents to survey the petition mentioned property. 2.The petitioner's contention is that his father Mr.Raama Reddiar had purchased the property measuring an extent of 10 acre and 60 cents in Zameen Endathur village, Madurantakam Taluk, comprised in old S.Nos.541/6 and 541/11 from one Subramaniya Reddiar under a registered sale deed No.3132 of 1956 dated 12.12.1956 on the file of the Sub Registrar, Madurantakam. After the death of his father, petitioner sold an extent of 08 acre 5 cents of land. Petitioner was in possession and enjoyment of the remaining land of 02 acres and 55 cents. Thereafter, the he made a representation dated 21.12.2023 to the second respondent to survey the said property and he had paid the necessary charges. 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.
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4.Considering the facts and circumstances of the case, mandamus is issued to the respondents to conduct survey of the petition mentioned property. The petitioner shall submit all the relevant records to show her 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 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. 18.12.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep P.T.ASHA, J, ep To 1.The Tahsildar 3/4
Madurantakam Taluk Office Madurantakam.
Chengalpattu District.
2.The Head Surveyor, Madurantakam Taluk Office Madurantakam.
Chengalpattu District.
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