K.Vijaya v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA K.Vijaya .. Petitioner Vs.

1.The Tahsildar, Madurai North, Madurai District.

2.The Surveyor, Paravai 2nd Bit Village, Madurai North, Madurai District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents herein to Survey the petitioner's property bearing S.No. 92/1B1B Nanja of an extent of 20 cents Paravai 2nd bit Village, Madurai North Taluk, Vilangudi, Madurai North Registration District, Madurai and fix the boundary.

For Petitioner :

Mr.P.Surliraja

For Respondents :

Mr.D.S.Nedunchezhian Government Advocate

ORDER

The petitioner seeks for the issue of writ of mandamus directing the respondents to survey her property bearing S.No.92/1B1B to an extent of 20 cents of Nanja land at Paravai 2nd bit Village, Madurai North Taluk, Vilangudi, Madurai North Registration District, Madurai and fix the boundary.

2. The case of the petitioner is that the above said property belongs to her by right of purchase under a registered sale deed dated 27.07.2023 and is in possession and enjoyment of the same. She decided to put up constructions in the above mentioned property and for the said purpose and in order to obviate any obstruction, she has approached the concerned authority to survey and also to fix boundaries based on her sale deed for which purpose, she has also paid necessary fee on 13.02.2024. But till date, no steps have been taken and survey has not been done. Therefore, the petitioner is before this Court.

3. Heard the learned counsel on either side.

4. Considering the request of the petitioner, this Writ Petition is allowed and a mandamus is issued to the respondents to conduct survey and subdivision of 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 subdividing 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. No costs.

20.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr

To 1.The Tahsildar, Madurai North, Madurai District.

2.The Surveyor, Paravai 2nd Bit Village, Madurai North, Madurai District.

P.T.ASHA, J.

abr Dated: 20.08.2024