Selvi v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2024

CORAM:

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

1.The Tahsildar, Nilakottai, Dindigul District.

2.The Firka Surveyor, Nilakottai Taluk, Dindigul 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 demarcate the property in Survey Nos. 587/2A, 587/2B and 587/3 situated at Pallapatti Village, Nilakkottai Taluk, Dindigul District within a time stipulation by considering petitioner's application, dated 02.02.2024.

For Petitioner :

Mr.M.Thiyagarajan For Respondents :

Mr.P.Thambidurai Government Advocate

ORDER

This writ petition is filed for a mandamus to direct the respondents to survey and demarcate the property in Survey Nos. 587/2A, 587/2B and 587/3 situated at Pallapatti Village, Nilakkottai Taluk, Dindigul District by considering petitioner's application, dated 02.02.2024.

2. The case of the petitioner is that the petition mentioned property belongs to him and he is in possession and enjoyment of the same. He is also having the patta in Patta No.4570 in his name. On 02.02.2024, the petitioner had paid necessary fees to the Commissionerate of Survey and Settlement for conducting survey and demarcating the boundaries in the said property and he had also made an application in this regard on the same date. Since no further action has been taken on the side of the respondents, 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 February, 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 her 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 six (6) weeks from the date of receipt of a copy of this order.

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

09.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg

To 1.The Tahsildar, Nilakottai, Dindigul District.

2.The Firka Surveyor, Nilakottai Taluk, Dindigul District.

P.T.ASHA, J.

gbg 09.08.2024