Muneeswari v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2024

CORAM:

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

1.The Tahsildhar, Taluk Office, Kadaladi, Ramanathapuram District.

2.The Taluk Surveyor, Land Survey and Records, Taluk Office, Kadaladi, 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 survey the petitioner's family joint property of bearing Survey No.134/1 and its present Survey No.134/1A and Patta No.1347 an extent of 0-61.50 ares situated at Kadugusanthai Revenue Village, Kadaladi Taluk,

Ramanathapuram District and fix four boundaries of the same. For Petitioner :

Mr.R.Murugappan For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed for a mandamus to direct the respondents to survey the petitioner's family joint property bearing Survey No.134/1 and its present Survey No.134/1A and Patta No.1347 an extent of 0-61.50 ares situated at Kadugusanthai Revenue Village, Kadaladi Taluk, Ramanathapuram District and fix four boundaries of the same.

2. The case of the petitioner is that the aforesaid properties originally belonged to the petitioner's grandmother and after her demise, left behind the petitioner's mother and two others as her legal heirs and after the demise of his mother, leaving behind the petitioner and 6 others as her legal heirs. Now the petitioner and his family members jointly are in possession and enjoyment of the same. For surveying and fixing four boundaries of the aforesaid properties, he made an application on

30.05.2022 before the respondents and also paid necessary charges through E-challan. Further, he sent a representation dated 16.08.2024 to the first respondent. The respondents have not taken any steps so far. Hence, 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 representations as early as in August, 2024, a mandamus is issued to the respondents to conduct survey and fix four boundaries of the petition mentioned property. 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 four 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 Ns To 1.The Tahsildhar, Taluk Office, Kadaladi, Ramanathapuram District.

2.The Taluk Surveyor, Land Survey and Records, Taluk Office, Kadaladi, Ramanathapuram District.

P.T.ASHA, J.

Ns Dated: 29.08.2024