Muniagoundan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Muniagoundan

...Petitioner

Vs 1.The Tahsildar, Mettur Taluk, Salem District.

2.The Inspector of Police, Karumalaikoodal Police Station, Salem District.

3.Ammasi 4.Lakshmanan 5.Mahalingam 6.Palani 7.Chinnapaiyan

...Respondents

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the 1st respondent to survey & point out the field boundaries of petitioner's property comprised in Survey Nos.130/2C, 130/2A1, 130/2A2 at Gonur West 1/4

Village Mettur Taluk, Salem District to an extent of 1.17 acres by fixing stones, issue separate patta in favour of petitioner with Police aid of 2nd respondent at the time of surveying the petitioner's above said property in pursuance of petitioner's online application dated 02.05.2023 and representation dated 17.10.2024.

For Petitioner : Mr. C.Deepak Kumar For Respondents : Mr.S.Jayachandran (For R1 & R2) 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 he purchased the property measuring an extent of 1.17 acres situated at Gonur West Village, Mettur Taluk, Salem District, comprised in S.Nos.130/2C, 130/2A1, 130/2A2 from one Vengadachalam by executing a registered sale deed vide Document No.1509 of 2023 on the file of SRO, Mettur, Salem District. Thereafter, he made an online application dated 02.05.2023 to the respondents 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.

2/4

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 his 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.

02.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep 3/4

P.T.ASHA , J, ep To 1.The Tahsildar, Mettur Taluk, Salem District.

2.The Inspector of Police, Karumalaikoodal Police Station, Salem District.

02.01.2025 4/4