C.Amudha Devi v. The Thasildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA C.Amudha Devi .. Petitioner Vs.
1.The Tahsildar, Pudukkottai Taluk, Pudukkottai District.
2.The Assistant Director of Survey and Land Records, Pudukkottai.
2.The Taluk Surveyor, Pudukkottai Taluk Office, Pudukkottai Taluk, Pudukkottai District.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the 3rd respondent to conduct the land survey and to mark a pole and fix the four boundaries in respect of the petitioner's land for an extent of 0.9.00 hectare comprised in Survey No.151/2A1A3 in Pudukkottai North Village, Pudukkottai Taluk, Pudukkottai District by considering the petitioner's representation dated, 09.08.2024 within the time stipulated by this Court.
For Petitioner :
Mr.K.Muthurakkan 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 comprised in Survey No.151/2A1A3 measuring an extent of 0.9.00 hectare situated in Pudukkottai North Village, Pudukkottai Taluk, Pudukkottai District by considering the petitioner's representation dated, 09.08.2024.
2. The case of the petitioner is that the petitioner has purchased the petition mentioned property under a registered sale deed, dated 16.04.2010 and a patta has been obtained by her in Patta No.2041. On 04.09.2023, the petitioner has made an application and has also paid necessary fee for conducting the survey in his property. Since the same was not considered, she had further paid fee on 01.07.2024. Despite the same, no steps have been taken by the respondents. Hence, the petitioner has sent a representation to the 2nd respondent on 09.08.2024. Since the
representations did not evoke any response, 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 September, 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 her 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 eight (8) weeks from the date of receipt of a copy of this order.
5. With the above directions, this Writ Petition stands allowed. No costs.
13.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The Tahsildar, Pudukkottai Taluk, Pudukkottai District.
2.The Assistant Director of Survey and Land Records, Pudukkottai.
2.The Taluk Surveyor, Pudukkottai Taluk Office, Pudukkottai Taluk, Pudukkottai District.
P.T.ASHA, J.
gbg 13.09.2024