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Madras High CourtWP/38377/2024allowed

Pavuna v. The Tahsildar

2024-12-18Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Pavuna

...Petitioner

Vs 1.The Taahsildar Mettur Taluk Office Salem District.

2.The Head Surveyor, Mettur Taluk Office, Salem District.

...Respondents

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents 1 and 2 to survey the land situated at Survey No.163/2A to an extent of land of 20.5 cents, Mecheri Village, Mettur Taluk, Salem District in view of the petitioner Application No.2024/0123/08/0063388 dated 22.11.2024.

For Petitioner : Mr.A.M.Esakkiappan For Respondents : Mr.A.Selvendran Special Government Pleader

ORDER

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Challenging the refusal to survey the petition mentioned property, the petitioner is before this Court.

2.The petitioner purchased the property situated at survey No.163/2A, to an extent of land 20.5 cents, Mecheri Village, Mettur Taluk, Salem District, by a registered sale deed dated 21.09.2007 vide sale deed document No.2544 of 2007 on the file of the Mecheri Sub Registrar, Salem District. Thereafter, the petitioner made a request to the second respondent to survey the said property in Application No.2024/0123/08/0063388 dated 22.11.2024 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.

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 2/4

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, 3/4

ep To 1.The Taahsildar Mettur Taluk Office Salem District.

2.The Head Surveyor, Mettur Taluk Office, Salem District.

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