Karuppaiah v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2024

CORAM:

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

1.The Tahsildhar, Thirumayam Taluk, Pudukkottai Distirct.

2.The Head Surveyor, Thirumayam Taluk, Pudukkottai District.

3.The Inspecctor of Police, Thirumayam Police Station, Pudukkottai District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 1st and2nd respondents to survey the petitioner's land in Survey No.424/2C11 respectively, situated at Thulaiyanur Village, Thirumayam Taluk,

Pudukkottai Distirct and to fix the boundaries as per revenue records by obtaining adequate police protection from the 3rd respondent police within the period that may be stipulated by this Court. For Petitioner :

Mr.G.Chezhiyan For R1 & R2 :

Mr.D.S.Neduncheziyan Government Advocate For F3 :

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 in Survey No. 424/2C11, situated at Thulaiyanur Village, Thirumayam Taluk, Pudukkottai Distirct and to fix the boundaries as per the revenue records by obtaining adequate police protection from the third respondent police within the period that may be stipulated by this Court.

2. The case of the petitioner is that the above mentioned properties originally belonged to the petitioner and patta also stands in his name and he is in possession and enjoyment of the same. In the said properties,

to fix the boundaries, he made an online application, dated 27.10.2023 by paying necessary charges through E-challan to the respondents 1 and

2. Thereafter, the respondents have not taken any action. Hence, he sent a representation dated 27.10.2023 to the first respondent for the aforesaid purpose. Since no action has been taken by the respondents, 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 October, 2023, a mandamus is issued to the respondents to conduct survey and fix 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 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 Tahsildhar, Thirumayam Taluk, Pudukkottai Distirct.

2.The Head Surveyor, Thirumayam Taluk, Pudukkottai District.

3.The Inspecctor of Police, Thirumayam Police Station, Pudukkottai District.

P.T.ASHA, J.

Ns Dated: 29.08.2024