J.Ramesh Babu v. The Assistant Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.(MD) No.21935 of 2024 J.Ramesh Babu .. Petitioner Vs.
1.The Assistant Director, Land Survey, District Land Survey Office, Pudukkottai.
2.The Revenue Divisional Officer, Revenue Divisional Office, Pudukkottai-622 001.
3.The Tahsildar, Pudukkottai Taluk Office, Pudukkottai-622 003.
4.Firka Surveyor, Pudukottai Taluk, Pudukkottai District.
5.Vasantha .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 to 4 to conduct survey in property in New Survey No.384/18 old Survey No.384/1A/13 in Kavinadu (west) Village, Pudukkottai Taluka, Pudukkottai District, in the light of the proceedings of the first respondent dated 30.07.2021 in Na.Ka.L/16564/21. For Petitioner :
Mr.R.Maheswaran For Respondents :
Mr.B.Saravanan Additional Government Pleader
ORDER
This writ petition is filed for a mandamus directing the respondents 1 to 4 to conduct survey in property in New Survey No.384/18 old Survey No.384/1A/13 in Kavinadu (west) Village, Pudukkottai Taluka, Pudukkottai District, in the light of the proceedings of the first respondent, dated 30.07.2021 in Na.Ka.L/16564/21. 2.The case of the petitioner is that he purchased the aforesaid property from one M.S.M.Kaveri Aachi, through a registered sale deed,
dated 08.10.2009. The said M.S.M.Kaveri Aachi, has purchased the said property from one Rengasamy Naidu under a sale deed, dated 29.01.1977. The same has been subdivided as S.No.413/11B. From the date of purchase, the petitioner is in possession and enjoying the same. While so, an erroneous patta has been issued in favour of one Vasantha for the aforesaid survey number. Therefore, the petitioner wants to survey his property and mark his boundaries. For that purpose, the petitioner sent a representation to the respondents on 22.07.2021. The first respondent forwarded the petitioner's application to the third respondent to conduct necessary subdivision by his proceedings dated 30.07.2021. Since no action has been taken, 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 representations as early as in July 2021 and the first respondent has also directed the third respondent to effect necessary sub-division by his proceedings dated 30.07.2021, a
mandamus is issued to the respondents to conduct survey 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 surveying 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 weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition stands allowed. No costs.
13.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes Ns
To 1.The Assistant Director, Land Survey, District Land Survey Office, Pudukkottai.
2.The Revenue Divisional Officer, Revenue Divisional Office, Pudukkottai-622 001.
3.The Tahsildar, Pudukkottai Taluk Office, Pudukkottai-622 003.
4.Firka Surveyor, Pudukottai Taluk, Pudukkottai District.
P.T.ASHA, J.
Ns W.P.(MD) No.21935 of 2024 Dated: 13.09.2024