Amuthavalli v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2024

CORAM:

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

The Tahsildar, Aranthangi Taluk, Pudukottai District.

.. Respondent Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent to carry out survey, measurement and demarcation of boundaries of the property measuring to an extent of 0.89.00 Hectare comprised in Survey No.27/4D situated at Thanthani village, Chidambaraviduthi Revenue Village, Aranthangi Taluk, Pudukottai District by considering the petitioner's application, dated 24.05.2024.

For Petitioner :

Mr.T.Leninkumar For Respondent :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed for a mandamus to direct the respondent to conduct survey, measurement and demarcate the boundaries of the property measuring an extent of 0.89.00 Hectare comprised in Survey No.27/4D situated at Thanthani village, Chidambaraviduthi Revenue Village, Aranthangi Taluk, Pudukottai District by considering the petitioner's application, dated 24.05.2024.

2. The case of the petitioner is that he had purchased the petition mentioned property from one Sakthi vide a registered sale deed, dated 25.04.2024 under Document No.1918/2024. He has been in possession and enjoyment of the property since then and subsequently, he got the patta in Patta No.8864. On 24.05.2024, the petitioner has paid necessary fee for conducting survey in the said property. Since the representation did not evoke any response, the petitioner has approached this Court.

3. It is informed by the learned Additional Government Pleader that the third party has raised objection to survey the land.

4. Heard the learned counsel on either side.

5. Considering the request of the petitioner and also the fact that the petitioner has made his representation as early as in May, 2024, a Mandamus is issued to the respondent to conduct survey and mark the boundaries in the petition mentioned property. However, since there is an objection raised, notice shall be issued to the objector and his objection shall be taken on file. The petitioner shall submit all the relevant records to show her title to the property and the respondent 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.

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

13.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To The Tahsildar, Aranthangi Taluk, Pudukottai District.

P.T.ASHA, J.

gbg 13.08.2024