Veeran v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2024

CORAM:

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

1.The Tahsildhar, Manapparai Taluk, Trichy District.

2.The Surveyor, Manapparai Taluk Office, Trichy District.

3.The Inspector of Police, Puthanathan Police Station, Trichy District.

4.Nallaperumal 5.Parvathi 6.Paalmurugan 7.Alagar 8.Dharmar 9.Senthil 10.Kalainar 11.Malliga 12.Alagar

13.Palanisamy 14.Alagar 15.Karuppiah .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents No. 1 and 2 to survey the petitioner's property and fix boundary stones in connection with properties in Survey No.99/3, 89/3, 88/4 and 88/1 measuring 3 acres and 99 cents land situated at Valaiyapatti, Pannapatti Keelpagam Village, Pannankombu Post, Manapparai Taluk, Trichy District, under the supervision of the 3rd respondent for surveying the land by considering the representation of the petitioner dated 28.06.2024, 29.06.2024 and 24.08.2024 within the time frame as fixed by this Court. For Petitioner :

Mr.A.Joel Paul Antony For R1 & R2 :

Mr.B.Saravanan Additional Government Pleader For R3 :

Mr.K.Sanjai Gandhi

ORDER

This writ petition is filed for a Mandamus directing the first and second respondents to survey the petitioner's property and fix boundary stones in connection with the properties in Survey No.99/3, 89/3, 88/4 and 88/1 measuring 3 acres and 99 cents, situated at Valaiyapatti,

Pannapatti Keelpagam Village, Pannankombu Post, Manapparai Taluk, Trichy District, under the supervision of the third respondent for surveying the land, by considering the representations of the petitioner dated 28.06.2024, 29.06.2024 and 24.08.2024.

2.The case of the petitioner is that the said property is an undivided joint family property and he is the owner of the aforementioned properties and the patta stood in the name of his grandfather. In order to know the boundary line of the property, he wants to survey the land. For which, he paid necessary fees on 28.06.2024. In the mean time, the respondents 4 to 15 are creating problems with an intention to grab his property. Hence, he filed a direction petition before this Court in Crl.O.P(MD)No.5301 of 2023 and the same was allowed. Thereafter, he approached the respondents on several times along with necessary documents in person. But no action has been taken. Hence, he sent a representation dated 24.08.2024. However, no action was taken to till date. Hence, 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 several representations and the latest representation dated 24.08.2024, a mandamus is issued to the first and second respondents to conduct survey and fix boundary stones in 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 eight weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition stands allowed. No costs.

23.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes

To 1.The Tahsildhar, Manapparai Taluk, Trichy District.

2.The Surveyor, Manapparai Taluk Office, Trichy District.

3.The Inspector of Police, Puthanathan Police Station, Trichy District.

P.T.ASHA, J.

Ns Dated: 23.09.2024