Subbiramani .A v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA A.Subbiramani .. Petitioner Vs.

1.The Tahsildhar, Vedasandur Taluk, Dindigul District.

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

3.The Inspector of Police, Vadamadurai Police Station, Dindigul.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 1st and 2nd respondents to survey the petitioner's land bearing Survey No.534/4C1 situated at Kollapatti Village, Vedasandur Taluk, Dindigul District and

fix the four boundaries as per revenue records based on the petitioner's application No.2024/0123/13/002703 dated 24.05.2024 and consequently, direct the 3rd respondent to provide police protection during the survey based on the petitioner's representation dated 11.07.2024 and time limit fixed by this Court. For Petitioner :

Mr.M.Iniyavan For R1 and R2 :

Mr.D.S.Neduncheziyan, Government Advocate For R3 :

Mr.K.Sanjai Gandhi, Government Advocate

ORDER

This writ petition is filed for a mandamus to direct the first and second respondents to survey the petitioner's land bearing Survey No. 534/4C1 situated at Kollapatti Village, Vedasandur Taluk, Dindigul District and fix the four boundaries as per revenue records, based on the petitioner's application No.2024/0123/13/002703 dated 24.05.2024 and consequently, to direct the third respondent to provide police protection during the survey based on the petitioner's representation, dated 11.07.2024 within the stipulated time as fixed by this Court.

2.The case of the petitioner is that the petitioner purchased the property comprised in S.No.534/4C1 to an extent of 0.57.50 ares through a registered sale deed, dated 15.09.2021. He obtained patta in his name and he is the absolute owner of the said property. Thereafter, he wants to demarcate the said property with the assistance of the surveyor. Therefore, he submitted an online application to the first respondent on 24.05.2024 along with necessary fees. Pursuant to which, the second respondent issued a notice on 05.07.2024 stating that survey to be held on 17.07.2024 at around 11.30 a.m. Thereafter, no steps have been taken so far. Hence, the present writ petition is filed. 3.When the matter is taken up for hearing, it is informed by the learned Government Advocate appearing for the first and the second respondents that there is an objection raised by one Murugesan to survey the petitioner's land. Therefore, notice to be issued to the said Murugesan before the survey is conducted.

4.Heard the learned counsel on either side.

5. Considering the request of the petitioner and also the fact that the petitioner has made his application as early as in May, 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, interested parties and one Murugesan, 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 six weeks from the date of receipt of a copy of this order.

6.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, Vedasandur Taluk, Dindigul District.

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

3.The Inspector of Police, Vadamadurai Police Station, Dindigul.

P.T.ASHA, J.

Ns Dated: 29.08.2024