Joseph Jhon Kennady v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.7416 of 2023 Joseph Jhon Kennady ... Petitioner Vs

1. The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District.

2. The Surveyor, Thiruvadanai Taluk, Ramanathapuram 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 conduct survey and demarcate four boundaries to the property comprised in S. No. 72/14 situated at Keeramangalam @ Periyakeeramangalam Village, Thiruvadanai Taluk, Ramanathapuram District, on the basis of the application, dated 14.12.2022 within a stipulated time period in accordance with law. For Petitioner :Mr.C.Senthil Murugan For Respondents :Mr.D.S.Nedunchezhian Government Advocate 1/5

ORDER

The writ petition has been filed in the nature of mandamus, seeking a direction against the first respondents/Tahsildar, Thiruvadanai Taluk, Ramanathapuram District to conduct survey and demarcate four boundaries at S.No.72/14 at Keeramangalam @ Periyakeeramangalam Village, Thiruvadanai Taluk, Ramanathapuram District. The petitioner had given an application on 14.12.2022.

2.The grandfather of the petitioner is Innasi Udaiyar. But in the records it is given as Innasi. It is stated that the lands had devolved upon to the father of the petitioner, consequent to a partition deed, dated 11.07.1959, registered in the office of Sub Registrar, Thiruvadanai in Doc.No.2149 of 1959.

3.The petitioner states that his father died on 20.09.2012. There are also five other legal heirs along with the petitioner. Now, the petitioner seeks to conduct survey and demarcate the land. 2/5

4.A direction is given to the first respondent to issue notice to the petitioner and other brothers and sisters, examine the records and if there is no objection, proceed to survey the land, with the assistance of the second respondent. If there is any objection 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 twelve weeks, from the date of receipt of a copy of this order. 5.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 3/5

To

1. The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District.

2. The Surveyor, Thiruvadanai Taluk, Ramanathapuram District.

4/5

C.V.KARTHIKEYAN, J.

PNM ORDER IN W.P(MD).No.7416 of 2023 03.04.2023 5/5