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Madras High CourtWP/39373/2024allowed

N.Sathyanarayanan v. The Tahsildar

2025-01-02Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA N.Sathyanarayanan

...Petitioner

Vs 1.The Tahsildar, Coimbatore North Taluk, Balasubramanian Road Coimbatore - 641 018.

2.The Taluk Surveyor, Coimbatore North Taluk, Balasubramanian Road Coimbatore - 641 018.

3.Kuruthachalam

...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 measure the petitioner's land situated in S.Nos.378, 565/1A and 377B/1, No.4, Veerapandi Village, Coimbatore North Taluk, Coimbatore District.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.S.Jayachandran Government Advocate (for R1 & R2) 1/4

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 the petitioner is having agricultural land in Survey Nos.378, 565/1A and 377B/1 situate in No.4, Veerapandi Village, Coimbatore North Taluk, Coimbatore District. There is a dispute regarding boundaries with adjacent land owner, the third respondent herein and they frequently, trespassed into the petitioner's land. Thereafter, he made a representation vide application No.2023/0123/12/000176 dated 06.12.20243 to the first 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 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, Coimbatore North Taluk, Balasubramanian Road Coimbatore - 641 018.

2.The Taluk Surveyor, Coimbatore North Taluk, Balasubramanian Road Coimbatore - 641 018.

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