Madras High CourtWP(MD)/20185/2024disposed of

Thenmozhi v. The Tahsildar

2024-08-23Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2024

CORAM:

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

1.The Tahsildar, Thuraiyur Taluk, 2.The Head Surveyor, Thuraiyur Taluk, 3.The Inspector of Police, Thuraiyur Police Station, 4.The Special Tahsildar, Adi Dravidar and Tribal Welfare Department, Thuraiyur, Trichy District.

.. Respondents [R4 - suo motu impleaded vide Court order dated 23.08.2024 in W.P.(MD) No.20185 of 2024] Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the first and second

respondents to survey the petitioner's land in Survey Nos.47/5 and 50/2 respectively situated at Govinthapuram Village, Thuraiyur Taluk, Trichy District and to fix its boundaries as per revenue records by obtaining adequate police protection from the third respondent police within the period that may be stipulated by this Court.

For Petitioner :

Mr.G.Chezhiyan For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

It is informed by the learned Additional Government Pleader that it it is the Special Tahsildar, Adi Dravidar and Tribal Welfare Department, Thuraiyur, Trichy District, who is the authority, who has to issue free house site patta. Therefore, the Special Tahsildar, Adi Dravidar and Tribal Welfare Department, Thuraiyur, Trichy District, is suo motu impleaded as the fourth respondent in this writ petition.

2. It is submitted that the Tahsildar and Head Surveyor are unable to survey the land, as there is law and order problem.

3. The above statement is refuted by the learned counsel for the petitioner. He also submits that 202 people have been granted free house site pattas and the petition is only to measure and survey the respective properties.

4. In the light of the above, this Writ Petition is allowed, a mandamus is issued to the respondents to conduct survey of the petition mentioned property and issue patta to the petitioner within a period of six weeks from the date of receipt of a copy of this order. No costs. 23.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The Tahsildar, Thuraiyur Taluk, 2.The Head Surveyor, Thuraiyur Taluk,

P.T.ASHA, J.

abr 3.The Inspector of Police, Thuraiyur Police Station, 4.The Special Tahsildar, Adi Dravidar and Tribal Welfare Department, Thuraiyur, Trichy District.

Dated: 23.08.2024