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Madras High CourtWP(MD)/2325/2024disposed of

Alagammal.C v. The Tahsildar

2024-02-06Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN C.Alagammal ... Petitioner Vs 1.The Tahsildar, Vedasandur Taluk, Dindigul District.

2.The Taluk Surveyor, Padiyur Village Administrative Office, Vedasandur Taluk, Dindigul District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to carry out survey, measurement and demarcation of boundaries of the agricultural land measuring to an extent of 1.99 Acres, comprised in Survey No.995 situated at Padiyur Village, Seelapadi Village, Dindigul District by considering the petitioner's representation dated 20.12.2023.

For Petitioner : Mr.P.Sathishkumar For Respondents : Mr.D.Gandhiraj Special Government Pleader 1/5

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the respondents to carry out survey, measurement and demarcation of boundaries of the agricultural land measuring to an extent of 1.99 Acres, comprised in Survey No.995 situated at Padiyur Village, Seelapadi Village, Dindigul District by considering the petitioner's representation dated 20.12.2023.

2. By consent, this writ petition is disposed of at the admission itself. 3.Heard Mr.P.Sathishkumar, learned counsel appearing for the petitioner and Mr.D.Gandhiraj, learned Special Government Pleader appearing for the respondents.

4. According to the petitioner, she is absolute owner of the agricultural land measuring to an extent of 1-99 acres, comprised in Survey No.995 situated at Padiyur Village, Seelapadi, Dindigul District. On 06.03.2019 the petitioner's husband had purchased the said property vide a settlement deed registered as document No. 896/2019 in favour of the petitioner. She is doing agricultural activities in the above said land. On 18.10.2023 the petitioner has made a payment through online to carry out survey, measurement and demarcation of the above said property. After receipt of the payment, the respondent called upon the adjacent land owners of her property and make their appearance on 03.11.2023. Accordingly, the petitioner and the 2/5

adjacent land owners were present in the property. At that time, the Firka Surveyor came to the spot and went back without conducting any survey. On 07.11.2023 the petitioner approached the respondents requested him to survey the property. The Tahsildar stated that he will carry out the said work after having consultation with head surveyor. But, even thereafter, the respondents did not come forward to carry out the said work. Therefore, the petitioner sent a representation to the Tahsildar, Vedasandur Taluk and the Taluk Surveyor, Vedasandur Taluk on 20.12.2023. Since, the respondents did not take any action for surveying the land, the petitioner has approached this Court by way of filing the present Writ Petition for the relief stated supra.

5.The learned Additional Government Pleader appearing for the respondents would submit that appropriate direction may be given to the respondents to consider the petitioner's representation, dated 20.12.2023, in accordance with law, within a time frame.

6. Considering the limited scope of the prayer sought for by the petitioner, without going into the merits of the matter, this Court directs the respondents to consider the petitioner's representation dated 20.12.2023 and after issuing notice and affording an opportunity to the parties concerned, conduct survey in their presence and demarcate the lands in Survey No.995 situated at Padiyur Village, Seelapadi 3/5

Village, Dindigul District and pass orders in accordance with law and communicate the decision taken by the respondents to the petitioner and others concerned. Such exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.

7.This Writ Petition stands disposed of with the above directions. No costs. Index : Yes/No Internet : Yes/No 06.02.2024 am To 1.The Tahsildar, Vedasandur Taluk, Dindigul District.

2.The Taluk Surveyor, Padiyur Village Administrative Office, Vedasandur Taluk, Dindigul District.

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V.BHAVANI SUBBAROYAN, J.

am 06.02.2024 5/5