Madras High CourtWP(MD)/21636/2024allowed

M.Rengaraju v. The Tahsildar

2024-09-11Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2024

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA M.Rengaraju ... Petitioner Vs.

1.The Tahsildar, Marungapuri Taluk, Trichy District.

2.The Surveyor, Marungapuri Taluk, Trichy District.

3.M.Ayyakannu ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, to direct the first and second respondents to carry out survey, measurement and demarcation of boundaries of the properties comprised in Survey Nos.406/3B, 406/3C & 406/5 measuring to an extent of 0.70.50 Hectares, 1.01.50 Hectares and 0.16.00 Hectares respectively situated at Kodumbapatti Village, Marunapuri Taluk, Trichy District by considering the petitioner's representation dated 07.08.2024.

For Petitioner : Mr.T.Leninkumar 1/4

For R1 & R2 : Mr.D.S.Neduchezhian, Government Advocate.

ORDER

This writ petition is filed for a mandamus to direct the first and second respondents to carry out survey, measurement and demarcation of boundaries of the properties comprised in Survey Nos.406/3B, 406/3C & 406/5 measuring to an extent of 0.70.50 Hectares, 1.01.50 Hectares and 0.16.00 Hectares respectively situated at Kodumbapatti Village, Marunapuri Taluk, Trichy District by considering the petitioner's representation dated 07.08.2024.

2.The case of the petitioner is that the petitioner purchased the above said property on 23.03.1994 and since then, he is in possession and enjoyment of the same. He sent a representation on 07.08.2024 to the respondents 1 & 2 for carrying out survey, measurement and demarcation of boundaries of the above properties. He has also paid necessary fee. Since the representation did not evoke any response, the petitioner has approached this Court.

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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 on 07.08.2024, a mandamus is issued to the respondents to conduct survey and subdivide the petition mentioned property. The petitioner shall submit all the relevant records to show their 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 eight weeks from the date of receipt of a copy of this order.

5.With the above directions, this Writ Petition is allowed. No costs. 11.09.2024 Index:Yes/No Internet:Yes/No gns 3/4

P.T.ASHA,J.

gns To 1.The Tahsildar, Marungapuri Taluk, Trichy District.

2.The Surveyor, Marungapuri Taluk, Trichy District.

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