Veluchamy .P v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI P.Veluchamy ... Petitioner Vs 1.The Tahsildar, Palani Taluk, Dindigul District.

2.The Assistant Director of Survey and Land Records, Dindigul, Dindigul District.

3.The Taluk Surveyor, Palani Taluk, Dindigul District.

4.Murugesan

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to conduct the survey and demarcate the boundaries in respect to petitioner's property in the old survey No. 117/2 (New S.No.117/2B) and 119/1 ( New S.No.119/1B) situated in 1/5

Puliyampatti Village, Palani Taluk, Dindigul District after issuing notice to necessary parties by considering his application dated 09.06.2022 within a time frame fixed by this Court. For Petitioner :Mr.J.Senthil Kumariah For R1 to R3 :Mr.P.T.Thiraviam Government Advocate

O R D E R

The petitioner has submitted an application on 07.06.2023 to survey his land in Survey No.117/2 (New S.No. 117/2B) and 119/1 ( New S.No.119/1B) situated in Puliyampatti Village, Palani Taluk, Dindigul District and has immediately filed this writ petition for a Mandamus, directing the respondents to complete the survey within a stipulated time. 2.Mr.P.T.Thiraviam, learned Government Advocate, who takes notice for the respondents 1 to 3, submits that the application of the petitioner has been received along with the requisite fee and it would be considered on seniority basis after issuing notice to the adjacent land owners.

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3.The learned Government Advocate appearing for the respondents 1 to 3, on instructions, would submit that one Murugesan/4th respondent, who is the adjacent land owner, has raised certain objections at the time of surveying the land, therefore, survey could not be completed.

4. Considering the facts and circumstances of the case, this writ petition is disposed of with a direction to the respondents to conduct an enquiry as per Section 10 of the Tamil Nadu Survey and Boundaries Act, 1923 and thereafter, proceed with the survey depending upon the outcome of the enquiry after issuing notice to the adjacent land owners. Such exercise shall be concluded within a period of six (6) weeks from the date of receipt of a copy of this order. No costs.

08.08.2023 NCC : Yes / No.

Index : Yes / No.

Internet:Yes am 3/5

To 1.The Tahsildar, Palani Taluk, Dindigul District.

2.The Assistant Director of Survey and Land Records, Dindigul, Dindigul District.

3.The Taluk Surveyor, Palani Taluk, Dindigul District.

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B.PUGALENDHI, J.

am Order made in 08.08.2023 5/5