Thilagavathi v. The Deputy Director Of Survey

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2024

CORAM:

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

1.The Deputy Director of Survey, Thanjavur District, Thanjavur.

2.The Tahsildar, Orathanadu Taluk Office, Thanjavur District.

3.The Taluk Head Surveyor, Orathanadu Taluk, Thanjavur District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 2 and 3 to survey and demarcate and fix the boundaries of the petitioner's above said property in Sy.No.86/6 of Karaimeendarkottai village, Orathanadu Taluk, Thanjavur District by considering the petitioner's representation, dated 31.07.2023 within time stipulated by this Court. For Petitioner :

Mr.S.Venkatesan

For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed for a mandamus to direct the respondents 2 and 3 to conduct survey and mark the boundaries of the property comprised in Survey No.86/6 situated in Karaimeendarkottai village, Orathanadu Taluk, Thanjavur District by considering the petitioner's representation, dated 31.07.2023.

2. The case of the petitioner is that the petition mentioned property was granted in favour of the the petitioner and his sons under Natham Nilavari Thitta Thooya Chitta Scheme. He is in possession and enjoyment of the property since then. On 31.07.2023, the petitioner has made an application and has also 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, 2023, 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 Deputy Director of Survey, Thanjavur District, Thanjavur.

2.The Tahsildar, Orathanadu Taluk Office, Thanjavur District.

3.The Taluk Head Surveyor, Orathanadu Taluk, Thanjavur District.

P.T.ASHA, J.

gbg 09.09.2024