Sepina v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2024

CORAM:

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

1.The Revenue Divisional Officer, Cheranmahadevi, 2.The Tahsildar, Nanguneri Taluk, .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to conduct Survey and earmark the four boundaries in Survey No. 176A/1A3 Yilankulam Village, Nanguneri Taluk, Tirunelveli District. For Petitioner : Mr.C.Mayilvahana Rajendran For Respondents : Mr.D.S.Neduncheziyan Government Advocate

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.176A/1A3 situated in Yilankulam Village, Nanguneri Taluk,

2. The case of the petitioner is that his grand-father purchased the petition mentioned property from one Kumarasamy Pandia Thalaivar. After his demise, the petitioner's father and other legal heirs were in possession and enjoyment of the same. Thereafter, the petitioner's father had executed a settlement in favour of the petitioner, his sister and brother on 25.04.2023 and joint patta was issued in favour of them. On 22.06.2024, the petitioner had made an application to the 2nd respondent and had 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 June, 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 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 four (4) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition stands allowed. No costs.

12.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg

P.T.ASHA, J.

gbg To 1.The Revenue Divisional Officer, Cheranmahadevi, 2.The Tahsildar, Nanguneri Taluk, 12.09.2024