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Madras High CourtWP(MD)/21582/2024allowed

Chandran v. The Thasildar

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 Chandran ... Petitioner Vs.

1.The Thasildar, Natham Taluk, Natham, Dindigul District.

2.The Surveyor, Office of the Taluk, Natham, Dindigul District.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, to direct the first respondent to issue suitable orders to the second respondent to survey measure the petitioner's property a concrete house bearing door number 3/132 situate in survey no 95/43 to an extent of 1034 sq.feets, east west 22 feet south north 47 feet public path of concrete house in Aavichipati Village of Natham Taluk, Natham Dindigul District with patta no 273 and demarcate the properties by considering the representation of the petitioner dated 02.05.2023 within a time frame as fixed by this Court. For Petitioner : Mr.S.Karthikeyan For Respondents : Mr.B.Saravanan, Additional Government Pleader.

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ORDER

This writ petition is filed for a mandamus to direct the first respondent to issue suitable orders to the second respondent to survey and measure the petitioner's property, a concrete house bearing door number 3/132 situate in survey no 95/43 to an extent of 1034 sq.feets, measuring east west 22 feet south north 47 feet including the public path on the other side in Aavichipati Village of Natham Taluk, Natham Dindigul District with patta no 273 and demarcate the properties by considering the representation of the petitioner dated 02.05.2023 within a time frame 2.The case of the petitioner is that the petitioner's mother executed gift deed dated 23.12.2003 in respect of the above said property in favour of the petitioner. On 06.07.

2024, the petitioner paid the fee for survey, measurement and demarcation of boundaries of his concrete house property and further, on 09.07.2024, he sent a representation to the first respondent to issue orders to the second respondent. The petitioner, thereafter, again sent an online application on 31.07.2024 and he paid necessary fee also. Since the representations 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 in July, 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 1.The Thasildar, Natham Taluk, Natham, Dindigul District.

2.The Surveyor, Office of the Taluk, Natham, Dindigul District.

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