K.Ramjan Fathir Nish Banu v. The Thasildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA K.Ramjan Fathir Nisha Banu .. Petitioner Vs.
1.The Tahsildar, Taluk Office, Aruppukottai Taluk, Virudhunagar District.
2.The Commissioner, Aruppukottai Municipality, Aruppukottai, Virudhunagar District.
3.The Taluk Surveyor, Land Survey and Records, Taluk Office, Aruppukottai, Virudhunagar District.
4.The Town Surveyor, Aruppukkottai Municipality, Aruppukottai, Virudhunagar District.
.. 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, particularly the 2nd and 4th respondent to survey the petitioner's property of bearing Town Survey No.65/1B with and extent of 0.0.75.0 Sq.Meter situated at Mariamman Kovil Street, Ward D, Block 2, Aruppukottai Town and Taluk Virudhunagar District and fix four boundaries of the same.
For Petitioner :
Mr.R.Murugappan For R1 & R3 :
Mr.D.S.Neduncheziyan Government Advocate For R2 & R4 :
Mr.N.Dilip Kumar
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 Town Survey No.65/1B measuring an extent of 0.0.75.0 Sq.Meter situated in Mariamman Kovil Street, Ward D, Block 2, Aruppukottai Town and Taluk Virudhunagar District.
2. The case of the petitioner is that she in in possession and enjoyment of the petition mentioned property and patta was also issued
in her favour. On 13.08.2024, the petitioner had made an application before the 2nd respondent and had paid necessary fees for conducting survey in the said property. Since no 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 August, 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 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.
24.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The Tahsildar, Taluk Office, Aruppukottai Taluk, Virudhunagar District.
2.The Commissioner, Aruppukottai Municipality, Aruppukottai, Virudhunagar District.
3.The Taluk Surveyor, Land Survey and Records, Taluk Office, Aruppukottai, Virudhunagar District.
4.The Town Surveyor, Aruppukkottai Municipality, Aruppukottai, Virudhunagar District.
P.T.ASHA, J.
gbg 24.09.2024