S.Gopal v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.08.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA S.Gopal .. Petitioner Vs.
1.The Tahsildhar, Manapparai Taluk, Tiruchirappalli District.
2.The Taluk Surveyor Manapparai Taluk, Tiruchirappalli District.
3.The Inspector of Police, Puthanatham Police Station, Tiruchirappalli District.
4.Sangapillai .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents No. 1 and 2 to take necessary steps to demarcate and subdivide the
petitioner's property in S.F.No.1188/4 to an extent of 25.50 ares situated at Pannapatti East Village, Manapparai Taluk, Trichy District, based on the petitioner's application dated 22.04.2024 within a stipulated time in accordance with law.
For Petitioner :
Mr.M.Prabu For R1 & R2 :
Mr.B.Saravanan Additional Government Pleader For R3 :
Mr.K.Sanjai Gandhi Government Advocate
ORDER
This writ petition is filed for a mandamus to direct the first and second respondents to take necessary steps to demarcate and subdivide the petitioner's property in S.F.No.1188/4 to an extent of 25.50 ares situated at Pannapatti East Village, Manapparai Taluk, Trichy District, based on the petitioner's application dated 22.04.2024. 2.The case of the petitioner is that the aforesaid property was purchased by the petitioner under a registered sale deed, dated 04.06.2007 on the file of the Sub-Registrar Office, Manapparai. From
the date of purchase, he is in possession and enjoyment of the same. Thereafter, he mutated the revenue records and also obtained patta in his name. In such circumstances, the adjacent land owners had disturbed to his peaceful possession and hence, he decided to demarcate his property. For that purpose, he made an application to the first respondent and also paid necessary payment. So far the respondents have not taken any action to demarcate the property. Hence, the present writ petition is filed.
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 application as early as in April 2024, a mandamus is issued to the respondents to demarcate and subdivide the petition mentioned property. The petitioner shall submit all the relevant records to show the 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 demarcating 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 direction, this Writ Petition stands allowed. No costs.
10.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes Ns To 1.The Tahsildhar, Manapparai Taluk, Tiruchirappalli District.
2.The Taluk Surveyor Manapparai Taluk, Tiruchirappalli District.
3.The Inspector of Police, Puthanatham Police Station, Tiruchirappalli District.
P.T.ASHA, J.
Ns Dated: 10.09.2024