Nagalinga Durai v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Nagalinga Durai .. Petitioner Vs.

1.The Tahsildar, O/o. Tahsildar, Kadaladi Taluk, Ramanathapuram District.

2.The Taluk Surveyor, Sayalkudi Village, Kadaladi Taluk, Ramanathapuram District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to conduct survey and fix boundaries in the lands comprised in Survey No. 106/7A2B2 to an extent of 11.00 ares situated at Sayalkudi Village, Kadaladi Taluk, Ramanathapuram District on the basis of the petitioner's application, dated 17.05.2024 within a time frame that may be stipulated by this Court.

For Petitioner :

Mr.K.Muthuvai Ilayaraja For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed for a mandamus to direct the respondents to conduct survey and mark the boundaries of the property comprised in Survey No.106/7A2B2 measuring an extent of 11.00 ares situated in Sayalkudi Village, Kadaladi Taluk, Ramanathapuram District on the basis of the petitioner's application, dated 17.05.2024.

2. The case of the petitioner is that he has purchased the petition mentioned property from one Kannappan through a registered sale deed on 27.01.2010. All the revenue records are mutated in the name of the petitioner. On 17.05.2024, the petitioner had made an application and had also paid necessary fee for conducting survey in the said property. Since no further action has been taken on the side of the respondents, the petitioner is before 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 May, 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 his 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 eight (8) weeks from the date of receipt of a copy of this order.

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

19.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg

P.T.ASHA, J.

gbg To 1.The Tahsildar, O/o. Tahsildar, Kadaladi Taluk, Ramanathapuram District.

2.The Taluk Surveyor, Sayalkudi Village, Kadaladi Taluk, Ramanathapuram District.

19.08.2024