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Madras High CourtWP/1/2025allowed

N.Indhirani v. The Tahsildar

2025-01-07Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 07.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 1 of 2025 N.Indhirani ....

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 No 139/1B1, measuring 91.50 Ares ( 2 Acres 26 Cents) vide Patta No 182, situated at, Odasalpatti Village, Harur Taluk, Dharmapuri District, within the Registration District of Dharmapuri, Sub-Registration office of Harur, on the basis of the Petitioner's Land Demarcation Application and payment receipt (E-Challan) dated 02.11.2021 within a stipulated 1/5

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 for the following relief : "directing the respondents to demarcate the petitioner's property pertaining to the Survey No 139/1B1, measuring 91.50 Ares ( 2 Acres 26 Cents) vide Patta No 182, situated at, Odasalpatti Village, Harur Taluk, Dharmapuri District, within the Registration District of Dharmapuri, Sub-Registration office of Harur, on the basis of the Petitioner's Land Demarcation Application and payment receipt (EChallan) dated 02.11.2021 within a stipulated time may be fixed by this Court."

2. It is the case of the petitioner that the petitioner's father owned a land, comprised in survey No.139/1B1, admeasuring 91.50 ares (2 acres 26 cents), situated at Odasalpatti Village, Harur Taluk, Dharmapuri District. The petitioner's father died on 21.04.2009 2/5

leaving behind the petitioner as his sole surviving legal representative. A legal heirship certificate was issued to the petitioner by the first respondent. The petitioner is in possession and enjoyment of the same. Therefore, the petitioner submitted an application on 02.11.2021 to survey and fix the boundaries in respect of the subject property. However, the same has not been considered 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, 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, conduct an enquiry and thereafter, proceed to pass orders either surveying the property or rejecting the request. In the case of rejection, a speaking order shall be 3/5

passed. The said exercise shall be completed within a period of four

(4) weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition stands allowed. No costs.

07.01.2025 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

W.P.No. 1 of 2025 07.01.2025 5/5