Sathishkumar v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P.(MD) No.15794 of 2024 1.Sathishkumar 2.Natchammal .. Petitioners Vs.
1.The Tahsildar, Marungapuri Taluk Office, Marungapuri, Trichy District.
2.The Taluk Surveyor, Marungapuri Taluk Office, Marungapuri, Trichy District.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to conduct survey of the landed property in survey Nos. 83/1, 84/2B2, 84/2A and Natham S.F.No. 452/5 situated at Prampatti North Revenue Village, Marungapuri Taluk, Trichy District on the basis of the petitioner's applications dated 30.10.2023, 05.04.2024 and 16.07.2024 within the time frame to be fixed by this Court.
For Petitioners :
Mr.T.Vadivelan For Respondents :
Mr.B.Saravanan Additional Government Pleader
ORDER
The petitioners have filed the above writ petition for a mandamus to the respondents to conduct survey of the landed property in Survey Nos.83/1, 84/2B2, 84/2A and Natham S.F.No.452/5, situate at Prampatti North Revenue Village, Marungapuri Taluk, Trichy District on the basis of their applications dated 30.10.2023, 05.04.2024 and 16.07.2024.
2. The first petitioner is an Ex-service man and the property situate in S.F.No.83/1, Patta No.1284 measuring an extent of 2.21.0 H of Prampatti North Revenue Village, Marungapuri Taluk, Trichy District, was settled by him in favour of his daughter Noveena Dhanalakshmi. The revenue records also stand mutated in her name. The first petitioner would submit that he has been maintaining the said land along with the lands in S.F.Nos.84/2B2 and 84/2A in Patta No.1087, which stand in the name of the second petitioner and the land in S.F.No.452/5 of the same
village, which stands in the name of the second petitioner's deceased husband Chinnappakonar. The petitioners have sought to fix four boundaries for the above lands so as to enjoy the same without any disturbance from others. Applications with necessary fees had been given to the first respondent on 30.10.2023, 05.04.2024 and 16.07.2024. To date, no action has been taken. Therefore, the petitioners have come with the writ petition.
3. Heard Mr.T.Vadivelan, learned counsel for the petitioners and Mr.B.Saravanan, learned Additional Government Pleader appearing for the respondents.
4. Considering the fact that the petitioners are the owners of the land in question and they have been requesting for the survey of the lands and for fixing the boundaries, which request has not been acceded to, this Writ Petition is allowed with a direction to the respondents to survey the petitioners' lands and fix boundaries by following due process of law. The said exercise shall be completed within a period of six weeks
from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.
05.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The Tahsildar, Marungapuri Taluk Office, Marungapuri, Trichy District.
2.The Taluk Surveyor, Marungapuri Taluk Office, Marungapuri, Trichy District.
P.T.ASHA, J.
abr Dated: 05.08.2024