J.Meharaj Kani v. The Thashildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA J.Meharaj Kani .. Petitioner Vs.

1.The Tahsildar, Melur Taluk, Madurai.

2.The Surveyor, Soorapatti Village, Karungalakudi Taluk, Madurai District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the second respondent to survey the land and to place survey stones in Survey No. 22/3B3B to an extent of 0.18.5 ares, 46 cents situated at I-Soorapatti Village, Melur Taluk, Madurai District based on the petitioner's representation dated 06.08.2024 within a stipulated time to be fixed by this Court.

For Petitioner :

Mr.S.Alagusundar

For Respondents :

Mr.P.Thambidurai Government Advocate

ORDER

This petition is filed for a mandamus directing the second respondent to survey the land and to place survey stones in Survey No. 22/3B3B to an extent of 0.18.5 ares, 46 cents situated at I-Soorapatti Village, Melur Taluk, Madurai District based on the petitioner's representation dated 06.08.2024.

2. The case of the petitioner is that the above mentioned property originally belonged to one Perumal. After that, his wife for herself and on behalf of her minor children had executed a registered sale deed dated 27.08.2004 in favour of the petitioner and from the date of purchase, the petitioner is in possession and enjoyment of the same for the past 20 years. Patta No.512 was also issued in the name of the petitioner. In this circumstance, the petitioner wanted to measure her property. Therefore, she made representations to the respondents. However, no effective steps were taken by them. The petitioner would submit that she has paid

necessary charges to survey her lands. Further, on 06.08.2024, the petitioner made another representation to the respondents through her son-in-law. But, once again no action was taken on the same. Left with no other option, the petitioner is before this Court.

3. Heard the learned counsel on either side.

4. Considering the request of the petitioner and also the fact that the petitioner is making her representations repeatedly, a mandamus is issued to the respondents to conduct survey and subdivision of the petition mentioned property. The petitioner shall submit all the relevant records to show her 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 subdividing 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 months from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is allowed. No costs.

30.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The Tahsildar, Melur Taluk, Madurai.

2.The Surveyor, Soorapatti Village, Karungalakudi Taluk, Madurai District.

P.T.ASHA, J.

abr Dated: 30.08.2024