V.Murguan v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.01.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 14 of 2025 V.Murguan ....
Petitioner Vs 1.The Tahsildar, Taluk Office, Harur Taluk, Dharmapuri District 636 903.
2.The Firka Surveyor, Harur Firka, Harur Tlauk, Dharmapuri District 636 903.
....
Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to demarcate the petitioner's property pertaining to the Survey Nos 156/1B, measuring 8 Ares ( 20 Cents) and 159/1B2 measuring 1 Ares ( 0.03 Cents) vide Patta No 245, situated at, Odasalpatti Village, Haur Taluk, Dharmapuri District, within the Registration District of Dharmapuri, Sub-Registration office of Harur, on the basis of the petitioner's Land Demarcation Application, dated 04.03.2024, within a 1/5
stipulated time may be fixed by this Court.
For Petitioner :
Mr.J.Agni Selvaraju For Respondents :
Mr. A.Selvendran Special Government Pleader.
ORDER
The above Writ Petition has been filed seeking a mandamus to the respondents to survey the subject property of the petitioner.
2. It is the case of the petitioner that he purchased the subject property from one Thakkan @ Govindhasami Naidu, admeasuring 7 cents comprised in survey No.159/1A, admeasuring 3 cents comprised in survey No.159/1B, admeasuring 5 cents comprised in survey No.159/1C and admeasuring 20 cents comprised in survey No.156/1, situated at Odasalpatti Village, Harur Taluk, Dharmapuri District and the same was registered vide document 78 of 1991. The petitioner is in continuous possession and enjoyment of the subject property. However, it was not demarcated by boundary stones in and around his property. Therefore, the petitioner submitted an online application before the respondents to survey his land and also paid requisite fees. 2/5
So far the respondents did not take any steps to survey and demarcate the land belongs to the petitioner. Hence, this writ petition.
3. Heard the learned counsels on the either side and perused the records.
4. Considering the facts and circumstances of the case, the first respondent is directed to conduct survey of the subject property. The petitioner shall submit all the relevant records to show his title to the property and the first respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, proceed to pass orders either surveying the property or rejecting the request. In the case of a rejection, a speaking order shall be passed. The said exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.
5. With the above direction, this Writ Petition stands allowed. No costs.
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Index : Yes/No Internet : Yes/No Lpp To 1.The Tahsildar, Taluk Office, Harur Taluk, Dharmapuri District 636 903.
2.The Firka Surveyor, Harur Firka, Harur Tlauk, Dharmapuri District 636 903.
P.T. ASHA, J, Lpp 4/5
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