Saravanan v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2024

CORAM:

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

1.The Tahsildar, Illuppur Taluk, Pudhukkottai District.

2.The Taluk Surveyor, Illuppur Taluk, Pudhukkottai District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the respondents to survey and fix the boundaries in the land with an extent of 0-32.5 ares by proceedings of the 1st respondent in Na.Ka.No. 9739/2006 B3 dated 20.11.2006 Survey No. 91/13 situated at Ennai Village, Illuppur Taluk, Illuppur Sub Register Office, Pudukkottai District. For Petitioner :

Mr.A.Azhageson For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

The above writ petition is filed for a mandamus directing the respondents to survey and fix the boundaries in respect of the land measuring an extent of 0.32.5 ares.

2. It is the case of the petitioner that the land in question was allotted to the petitioner's mother Velliammal by proceedings of the first respondent in Na.Ka.No.9739/2006 B3, dated 20.11.2006. The allotment was under the category of "landless poor people". This free land was allotted to enable such persons to eke out their livelihood through agriculture. The petitioner would submit that from the date of the allotment, along with his mother, he and his family were also enjoying the said lands.

3. The petitioner's mother has passed away and he is in possession of the property. He had decided to fix the boundaries with reference to the said land and had therefore, approached the respondents to survey the

same and fix the boundaries. Despite making the representation, no step whatsoever has been taken in this regard. Hence, the writ petition.

4. It has been fairly conceded by the learned Additional Government Pleader that there has been no objection to the enjoyment of the aforesaid lands by the petitioner.

5. Considering the limited relief sought for in this writ petition, that is to have the survey of the land and fixation of boundaries, this Writ Petition is allowed and the respondents are directed to survey the land of the petitioner and fix boundaries within a period of six weeks from the date of receipt of a copy of this order, after following the due procedure and after an enquiry and if objections are received, the same shall also be considered. No costs.

05.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr

P.T.ASHA, J.

abr To 1.The Tahsildar, Illuppur Taluk, Pudhukkottai District.

2.The Taluk Surveyor, Illuppur Taluk, Pudhukkottai District.

Dated: 05.08.2024