Madras High CourtWP(MD)/7381/2023disposed of

Ponnambalam V v. The Tahsildar

2023-04-03Honourable Mr Justice C.V. Karthikeyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.7381 of 2023 V.Ponnambalam ... Petitioner Vs

1. The Tahsildar, Gujiliyamparai Taluk, Gujiliyamparai, Dindigul District.

2. The Taluk Surveyor, Taluk Office, Gujiliyamparai, 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 survey and demarcate the petitioner's property in S.Nos. 383/3, 383/4 and 396/3C2, Palayam Village, Gujiliyamparai Taluk, Dindigul District. For Petitioner :Mr.J.Parekhkumar For Respondents :Mr.N.Muthu Vijayan Special Government Pleader 1/4

ORDER

The writ petition has been filed in the nature of mandamus, seeking a direction against the respondents/Tahsildar, Gujiliyamparai Taluk, Gujiliyamparai, Dindigul District and Taluk Surveyor, Taluk Office, Gujiliyamparai, Dindigul District to survey and demarcate the petitioner's property in S.Nos. 383/3, 383/4 and 396/3C2 at Palayam Village, Gujiliyamparai Taluk, Dindigul District.

2.In the affidavit filed in support of the writ petition, it had been stated that the petitioner had purchased the lands measuring 0.6.00hectares, 0.4.50 hectares, 0.9.00 hectares in the aforementioned survey numbers respectively from one Chinnasamy for valid sale consideration, under a registered sale deed in Doc.No.951 of 2022, dated 13.04.2022. The petitioner claims that he is in possession of the properties. He also stated that it is only appropriate that if the lands are measured, then it will come to light whether there is any encroachment or not.

3.A direction is given to the first respondent to issue notice to the petitioner and his adjacent land owners, examine the schedule of properties 2/4

and proceed to survey the land, with the assistance of the second respondent. If there any objection is raised, then the same may be noted and a report may be filed giving reasons for not surveying the lands. However, all endeavour shall be taken either to complete the survey of the land or to file a report. The said exercise should be completed within a period of six weeks, from the date of receipt of a copy of this order.

4.With the above directions, this Writ Petition stands disposed of. No costs.

03.04.2023 NCS :Yes/No Index :Yes/No Internet:Yes/No PNM To

1. The Tahsildar, Gujiliyamparai Taluk, Gujiliyamparai, Dindigul District.

2. The Taluk Surveyor, Taluk Office, Gujiliyamparai, Dindigul District.

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C.V.KARTHIKEYAN,J.

PNM ORDER IN W.P(MD).No.7381 of 2023 03.04.2023 4/4