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Madras High CourtWP(MD)/20491/2024allowed

Jeyalakshmi.M v. The Revenue Divisional Officer

2024-08-29Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA M.Jeyalakshmi .. Petitioner Vs.

1.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Palani, Dindigul District.

2.The Tahsildar, Officer of the Tahsildar, Kujiliamparai, Dindigul District.

3.The Taluk Head Surveyor, Office of the Taluk Head Surveyor, Kujiliamparai Taluk, Dindigul District.

.. Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent Nos.1 and 2 to conduct survey and fix four boundaries of the petitioner's land in Survey No.1485/32 situated at Vadugampatti, Puliyampatti Post, Kujiliamparai Taluk, Dindigul District. For Petitioner :Mr.R.Rajaselvan For Respondents :Mr.A.S.Neduncheziyan Government Advocate

ORDER

This writ petition is filed for a Mandamus to direct the first and second respondents to conduct survey and fix four boundaries of the petitioner's land in Survey No.1485/32 situated at Vadugampatti, Puliyampatti Post, Kujiliamparai Taluk, Dindigul District. 2.It is the case of the petitioner that the Temple viz., Maruthammal Thirukovil is situated at Vadugampatti Village, Puliyampatti Post, Kujiliamparai Taluk, Dindingul District, which is maintained by his elders for several generations. One Vadivel Pillai, who is the father of his father-in-law paid the house tax for the said land. Now, the petitioner and his family members are maintaining the Temple and they had decided to renovate the said temple and to get patta for the said land.

Therefore, they have applied for patta for the said lands with no objection of the general public of Subramaniyapillaiyur Villagers. Pursuant to which, the fourth respondent issued patta for the said lands. Before renovating the said temple, they have applied to survey the said lands and also paid necessary fees through E-challan. Since the respondents had not taken any steps, the present writ petition is filed.

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 application as early as in April, 2024, a mandamus is issued to the respondents to conduct survey and fix four boundaries. The petitioner shall submit all the relevant records to show the 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 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 weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition stands allowed. No costs.

29.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes

P.T.ASHA, J.

Ns To 1.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Palani, Dindigul District.

2.The Tahsildar, Officer of the Tahsildar, Kujiliamparai, Dindigul District.

Kujiliamparai Taluk, Dindigul District.

29.08.2024