Chinnaiah. V v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA V.Chinnaiah .. Petitioner Vs.

1.The Tahsildar, Thiruppuvanam Taluk, Thiruppuvanam, Sivagangai District.

2.The Surveyor, Thiruppuvanam Taluk, Thiruppuvanam, Sivagangai District.

.. 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 survey and lay the boundary stones to the petitioner's land bearing S.Nos.81/1A, measuring about 1-71.48 Ares comprised in Patta Nos.1307 and situated at Kothangulam Village, Thiruppuvanam Taluk, Sivagangai District based on the Challan, dated 24.06.2024 within the time frame fixed by this Court.

For Petitioner :

Mr.R.Swaminathan For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed for a mandamus to direct the respondents to conduct survey and mark the boundaries of the property in patta no. 1307 comprised in S.No.81/1A measuring an extent of 1-71.48 Ares situated in Kothangulam Village, Thiruppuvanam Taluk, Sivagangai District based on the Challan, dated 24.06.2024.

2. The case of the petitioner is that he and his son are the owners of the petition mentioned property and they have also obtained patta in Patta No.1307. One Kanagavel, who is an adjacent land owner is carrying quarry works and he has laid boundary stones within the petitioner's property. Hence, the petitioner made an application before the respondents on 24.06.2024 for conducting survey in his property and has also paid necessary fee for the same. Since no further action has been taken on the side of the respondents, 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 as early as in June, 2024, a Mandamus is issued to the respondents to conduct survey and mark the boundaries in the petition mentioned property. The petitioner shall submit all the relevant records to show his 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 (6) weeks from the date of receipt of a copy of this order.

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

13.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg

P.T.ASHA, J.

gbg To 1.The Tahsildar, Thiruppuvanam Taluk, Thiruppuvanam, Sivagangai District.

2.The Surveyor, Thiruppuvanam Taluk, Thiruppuvanam, Sivagangai District.

13.09.2024