Arulraj v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2024

CORAM:

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

1.The Tahsildar, Taluk Office, Thoothukudi Taluk, Thoothukudi District.

2.The Taluk Surveyor, Taluk Office, Thoothukudi Taluk, Thoothukudi 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 conduct survey in the petitioner's land in Plot No.33, 34, 37 in Patta No. 1306 situated at S.F.No.1586 - Sub Division No.1A1 at Meelavittan (Part I) Revenue Village, Thoothukudi Taluk, Thoothukudi District by way of considering petitioner's application, dated 19.03.2024. For Petitioner :

Mr.R.Jegadeeswaran

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 in Patta No. 1306 comprised in S.F.No.1586 - Sub Division No.1A1, Plot Nos.33, 34, 37 situated in Meelavittan (Part I) Revenue Village, Thoothukudi Taluk, Thoothukudi District by way of considering petitioner's application, dated 19.03.2024.

2. The case of the petitioner is that he had purchased the petition mentioned property under a registered deed on 10.05.1993. He is in possession and enjoyment of the same. On 19.03.2024, the petitioner had made an application to the respondents and had 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 March, 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 including the lay out copy 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.

18.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg

To 1.The Tahsildar, Taluk Office, Thoothukudi Taluk, Thoothukudi District.

2.The Taluk Surveyor, Taluk Office, Thoothukudi Taluk, Thoothukudi District.

P.T.ASHA, J.

gbg 18.09.2024