Muthusami v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Muthusami .. Petitioner Vs.

1.The Tahsildar, O/o. Tahsildar Office, Keelakkarai, Ramanathapuram District.

2.The Head Land Surveyor, O/o the Land Surveyor Office, Keelakarai, Ramanathapuram District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 2nd respondent to conduct survey and mark the boundaries of the property in Patta No. 1115 in Survey No.81/6A1 to an extent of 20 Ares (50 cents) situated in Kulapatham Revenue Village, Kulapatham village, Keelakkarai Taluk, Ramanathapuram District and to provide sketch to the property, by considering the petitioner's representation, dated 18.07.2024 in accordance with law within time stipulated by this Court.

For Petitioner :

Mr.D.Balamurugapandi For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed for a mandamus to direct the 2nd respondent to conduct survey and mark the boundaries of the property in Patta No.1115 comprised in Survey No.81/6A1 measuring an extent of 20 Ares (50 cents) situated in Kulapatham Revenue Village, Kulapatham village, Keelakkarai Taluk, Ramanathapuram District and to provide sketch to the property, by considering the petitioner's representation, dated 18.07.2024

2. The case of the petitioner is that the petition mentioned property originally belonged to one Rokkayabeevi and one Rani Madhiyam Beham. The petitioner had purchased the property from the above said persons on 21.06.1995 under Document No.895 of 1995 and subsequently, he got the patta in Patta No.1115. He is in possession and

enjoyment of the property. On 25.10.2023, the petitioner had paid necessary fees to the Commissionerate of Survey and Settlement for conducting survey in the said property. Since no further action on the side of the respondents, the petitioner has sent a representation on 18.07.2024 for surveying the property. Despite the same has been received by the respondents, no action has been taken. Hence, the petitioner has approached this Court.

3. Heard the learned counsel on either side.

4. Considering the request of the petitioner and also the fact that the petitioner has made his representation as early as in July, 2024, a Mandamus is issued to the respondents to conduct survey and mark the boundaries in the petition mentioned property. The petitioner shall submit all the relevant records to show his title to the property and the respondents shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter proceed to pass orders either surveying and demarcating the property or rejecting the request. In

the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.

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

06.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The Tahsildar, O/o. Tahsildar Office, Keelakkarai, Ramanathapuram District.

2.The Head Land Surveyor, O/o the Land Surveyor Office, Keelakarai, Ramanathapuram District.

P.T.ASHA, J.

gbg 06.08.2024