Rajapandian v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2024

CORAM:

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

1.The Tahsildar, Eral Taluk, 2.The Head Surveyor, Department of Land Survey, Eral Taluk, .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 and 2 to carry out the appropriate survey and demarcate the boundaries of the petitioner's land in Survey No.432/1B the land which is situate Mukkani Revenue Village, Eral Taluk, Thoothukudi District, based on

the petitioner's survey payment in Challan Number:20240224001099 dated 24.02.2024 and subsequent representation dated 12.06.2024 within a stipulated time that may be fixed by this Court. For Petitioner :

Mr.P.Ponraj For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed for a mandamus to direct the first and second respondents to carry out the appropriate survey and demarcate the boundaries of the petitioner's land in Survey No.432/1B, which is situate Mukkani Revenue Village, Eral Taluk, Thoothukudi District, based on the petitioner's survey payment in Challan Number:20240224001099 dated 24.02.2024 and subsequent representation dated 12.06.2024 within a stipulated time that may be fixed by this Court. 2.The case of the petitioner is that the petitioner and his village people jointly purchased the property comprised in S.No.432/1B to an extent of 40 cents from Ayyammal, Muthumalai, Veerapathiran,

Ramachandran. The total extent of the said property is 3 acres 21 cents and the other community people purchased the remaining portion of the property based on the registered sale deed. After the purchase of the said lands, the petitioner and his village people using the aforesaid lands in their respective shares. Therefore, the petitioner and his village members decided to survey the lands and he paid the necessary fees for surveying. Subsequently, on 24.02.2024 the petitioner gave a representation to the first and second respondents. Further, on 12.06.2024 the petitioner sent a representation to the District Collector, Thoothukudi District, first respondent herein. So far no action has been taken. 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 representation as early as in February, 2024, a mandamus is issued to the respondents to conduct survey and demarcate the 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 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 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 Tahsildar, Eral Taluk, 2.The Head Surveyor, Department of Land Survey, Eral Taluk,

P.T.ASHA, J.

Ns Dated: 29.08.2024