C.Nambiyappan, v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI C.Nambiyappan ... Petitioner Vs 1.The Tahsildar, Office of the Tahsildar, Thiruvaiyaru, Thanjavur District.

2.The District Land Surveyor, Office of the Land Survey, Thiruvaiyaru, Thanjavur District.

3.Murugan

...Respondents

(R3 is Impleaded Vide Court Order Dated 21.09.2020 in WMP(MD) No.4046/2019 in WP(MD) No.4748 of 2018 by DKKJ) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to measure and demarcating the petitioner's land and property in S.No.37D/1B2 (100 sq.meter) and in S.No. 1/5

37D/1B5 (100 sq.meter) situated at Vithiyanathanpettai village, Thiruvaiyaru, Thanjavur District based on available documents and consequently direct the respondents to make necessary correction to revenue records.

For Petitioner : Ms.V.Sujatha Siddharthan For Respondents : Mr.A.Baskaran Additional Government Pleader

O R D E R

The petitioner has approached this Court that his application for survey of his land in S.No.37D/1B2 (100 sq.meter) and in S.No.37D/1B5 (100 sq.meter), Vithiyanathanpettai Village, Thiruvaiyaru, Thanjavur District has not been considered by the respondents so far.

2.The learned counsel appearing for the petitioner submits that patta for the aforesaid property is in the name of the petitioner.

2/5

3.The learned Additional Government Pleader appearing for the respondents submits that due to objections raised by third parties, the survey could not be completed.

4.Considering the submissions made by the learned Additional Government Pleader, this writ petition is allowed with a direction to the Survey Officer to conduct an enquiry under Section 10 of the Tamil Nadu Survey and Boundaries Act, 1923 after issuing notice to the adjacent land owners and thereafter conduct the survey within a period of four weeks from the date of receipt of a copy of this order. No costs.

29.01.2024 NCC :Yes/No Index :Yes/No Internet:Yes vrn 3/5

To 1.The Tahsildar, Office of the Tahsildar, Thiruvaiyaru, Thanjavur District.

2.The District Land Surveyor, Office of the Land Survey, Thiruvaiyaru, Thanjavur District.

4/5

B.PUGALENDHI, J.

vrn Order made in 29.01.2024 5/5