Pon Vetriselvan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Pon Vetriselvan ... Petitioner versus

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

2. The Surveyor, East Tahsildar Office, Narasingam, Madurai District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 1st respondent to survey, measure and demarcate the boundaries of the petitioner's property comprised in Nanjai Re-Survey No.220/2 and UDR Survey No.152/2, Plot No.31-E situated at Rainbow Gardens, 86 Narasingam 4th bit village, Madurai North Taluk, Othakadai Sub Division, Madurai District, by considering the petitioner's representation dated 08.07.2023 within the time limit that may be stipulated by this Court.

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For Petitioner : Mr.R.Senthil Kumar For Respondents : Mr.P.T.Thiraviam, Government Advocate

ORDER

The petitioner has submitted an application dated 13.02.2023 to the first respondent requesting him to survey his land in Survey Nos. 220/2 and 152/2, situated at Rainbow Gardens, 86 Narasingam 4th bit village, Madurai North Taluk, Othakadai Sub Division, Madurai District. Since the said application has not been considered, the present writ petition is filed.

2. Mr.P.T.Thiraviam, learned Government Advocate, who takes notice for the respondents, on written instructions, submits that based on the petitioner's application, survey was conducted on 18.04.2023, however, due to the objection raised by the adjacent land owners, survey could not be completed. He further submits that the survey officials are intending to conduct further survey. 2/4

3. If there is any objection from the adjacent land owners, the survey officials ought to have issued a notice to the objectors and thereafter, they ought to have taken a decision based on the objections received from the objectors.

4. The survey officials, by referring to the objections raised by the adjacent land owners, cannot keep the petitioner's application pending without any progress.

5. Therefore, this writ petition is disposed of, with a direction to the respondents to issue a notice to the objectors, if any and conclude the process of survey, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

23.08.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

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B.PUGALENDHI, J.

ogy To

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

2. The Surveyor, East Tahsildar Office, Narasingam, Madurai District.

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