Pranglin v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2024

CORAM:

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

1.The Tahsildar, Athur Taluk, Dindigul District.

2.The Surveyor, Athur, Dindigul District.

3.The Inspector of Police, Chinnalapatti Police Station, Dindigul.

4.Arulanantham Surveyor 5.Rayappan 6.Meri Dhanaselvi .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 to 2 to survey the petitioner's property and demarcate the four boundaries in S.No.141/10H situated at N.Panjampatti, Athur Taluk, Dindigul District,

with aid of 3rd respondent and consequently direct the respondents 1 and 2 serve the report of the same to the petitioner within the time frame fixed by this Court.

For Petitioner :

Mr.P.Manikandan For R3 :

Mr.K.Sanjai Gandhi Government Advocate For R1 & R2 :

Mr.P.Thambidurai, Government Advocate

ORDER

This writ petition is filed for a writ of Mandamus directing the first and second respondents to survey the petitioner's property and demarcate the four boundaries in S.No.141/10H situated at N.Panjampatti, Athur Taluk, Dindigul District, with the aid of the third respondent and consequently, to direct the first and second respondents to serve the report of the same on the petitioner.

2.The grievance of the petitioner is that the petitioner has given a representation to the respondents on 21.08.2024 to survey and demarcate the boundaries in S.No.141/10H and he has paid necessary fees also. Since no action has been taken, the present writ petition is filed.

3.The learned Government Advocate appearing for the first and second respondents, on instructions, submitted that the petitioner's application has been allotted Serial No.54.

4.Heard the learned counsel on either side.

5.On perusal of the records would reveal that the representation has been made by the petitioner only on 21.08.2024 and the petitioner has rushed to this Court to get an order. By this act of the petitioner, he seeks to get a special preference over the others whose applications are already pending and who have not approached this Court. Therefore, the petitioner's application would be considered as per the serial number. 6.A mandamus is therefore issued to the respondents to conduct survey and demarcate the petition mentioned property, as per the Serial Number. 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 surveying and demarcating the

property or rejecting the request. In the case of a rejection, a speaking order shall be passed.

7.With the above direction, this Writ Petition stands allowed. No costs.

13.09.2024 NCC:Yes/No Index:Yes/No Internet:Yes/No Ns To 1.The Tahsildar, Athur Taluk, Dindigul District.

2.The Surveyor, Athur, Dindigul District.

3.The Inspector of Police, Chinnalapatti Police Station, Dindigul.

P.T.ASHA, J.

Ns Dated: 13.09.2024