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Madras High CourtWP(MD)/21358/2024allowed

P.Ramasamy v. The Tahsildar

2024-09-09Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2024

CORAM:

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

1.The Tahsildar, Taluk Office, Madurai East Taluk, Madurai District.

2.The Head Surveyor, Taluk Office, Madurai East Taluk, Madurai District.

3.The Firka Surveyor, Taluk Office, Madurai East Taluk, Madurai District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the respondents to survey and demarcate petitioner's properties comprised in Survey Nos. 53/12C and 53/16A, situated at Poigaikaraipatti Village, Kallanthiri post, Madurai East Taluk, Madurai District, based on the petitioner's

representation, dated 19.07.2024, within the stipulated time fixed by this Court.

For Petitioner :

Mr.K.Malaimaran 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 comprised in Survey Nos.53/12C and 53/16A, situated at Poigaikaraipatti Village, Kallanthiri post, Madurai East Taluk, Madurai District, based on the petitioner's representation, dated 19.07.2024.

2. The case of the petitioner is that his father was the owner of the petition mentioned property and he died on 29.08.1988 leaving behind his wife, petitioner and his two siblings. His mother also died on 13.03.2003. Thereafter, the petitioner and his siblings are in possession and enjoyment of the property. On 19.07.2024, the petitioner had approached the 1st respondent and paid necessary fee for conducting

survey in the said property. 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 July, 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.

09.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The Tahsildar, Taluk Office, Madurai East Taluk, Madurai District.

2.The Head Surveyor, Taluk Office, Madurai East Taluk, Madurai District.

3.The Firka Surveyor, Taluk Office, Madurai East Taluk, Madurai District.

P.T.ASHA, J.

gbg 09.09.2024