Madras High CourtWP(MD)/22237/2024allowed

Natarajan v. The Tahsildar

2024-09-19Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.(MD) No.22237 of 2024 Natarajan .. Petitioner Vs.

1.The Tahsildar, O/o.The Tahsildar, Thiruppovanam Taluk, Sivagangai District.

2.The Taluk Head Surveyor, O/o.The Taluk Head Surveyor, Thiruppovanam Taluk, Sivagangai District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents No. 1 and 2 to conduct survey and fix four boundaries on the petitioner's land in Survey No.8/10, 15/3 and 16/5 situated at Thoothai, Thiruppovanam Taluk, Sivagangai District.

For Petitioner :

Mr.C.Sujeeth For Respondents :

Mr.D.S.Nedunchezian Government Advocate

ORDER

This writ petition is filed for a mandamus directing the first and second respondents to conduct survey and fix four boundaries on the petitioner's land in Survey No.8/10, 15/3 and 16/5 situated at Thoothai, Thiruppovanam Taluk, Sivagangai District.

2.It is the case of the petitioner that he is a senior citizen and he purchased the aforesaid property on 20.09.2000 in Document No. 1589/2020, on 27.10.2001, in Document No.1585/2021 and on 28.10.2002 in Document No.1379/2022 respectively. He got patta in his name. He is doing agriculture work in the said property. In order to survey and fix his boundaries, he approached the first respondent and paid necessary fees through the E-challan on 13.04.2023. But, no action has been taken. Thereafter, he sent a detailed representation on 20.06.2024 to the first respondent for surveying his property. But, till to date the respondents have not taken any steps. Hence, 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 has made his representation dated 20.06.2024, a mandamus is issued to the respondents to conduct survey and fix 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 four weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition stands allowed. No costs.

19.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes

P.T.ASHA, J.

Ns To 1.The Tahsildar, O/o.The Tahsildar, Thiruppovanam Taluk, Sivagangai District.

2.The Taluk Head Surveyor, O/o.The Taluk Head Surveyor, Thiruppovanam Taluk, Sivagangai District.

W.P.(MD) No.22237 of 2024 Dated: 19.09.2024