Madras High CourtWP(MD)/19895/2024allowed

Murugesan v. The Tahsildar

2024-08-21Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2024

CORAM:

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

1.The Tahsildar, Dindigul West Taluk, Dindigul District.

2.The Head Surveyor, Dindigul West 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 herein to conduct survey, measure and fix boundaries of S.No. 79/6C admeasuring the extent of 0-2.82 Ares (3045 Sq. ft) at Kurumbapatti village, Dindigul west, Dindigul district based on petitioner's representation, dated 07.05.2024 within a reasonable time. For Petitioner :

Mr.Aayiram K.Selvakumar 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.79/6C measuring an extent of 0-2.82 Ares (3045 Sq. ft) situated in Kurumbapatti village, Dindigul west, Dindigul district by considering the petitioner's representation, dated 07.05.2024

2. The case of the petitioner is that the petition mentioned property was purchased by him under a registered sale deed, dated 23.01.2024. Subsequently, he got the patta in Patta No.6901. He is in possession and enjoyment of the property. On 05.03.2024, the petitioner had paid necessary fee for conducting survey in the said property and he had made a representation to the 1st respondent on 07.05.2024 in this regard. 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 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.

21.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg

P.T.ASHA, J.

gbg To 1.The Tahsildar, Dindigul West Taluk, Dindigul District.

2.The Head Surveyor, Dindigul West Taluk, Dindigul District.

21.08.2024