Ramasamy v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2024

CORAM:

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

1.The Tahsildar, Manmangalam Taluk, Karur District.

2.The Head Surveyor, Tahsildar Office, Manmangalam Taluk, Karur 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 2, to survey the land in New Survey No.806/10, Old Survey No. 278/Pa, situated at Manmangalam Village and Taluk, Karur District basis on the petitioner's application, dated 01.12.2023 within a time frame stipulated by this Court.

For Petitioner :

Mr.M.Boopathipandiyan

For Respondents :

Mr.B.Saravanan Additional Government Pleader

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 New Survey No.806/10, Old Survey No. 278/Pa situated in Manmangalam Village and Taluk, Karur District on the basis of the petitioner's application, dated 01.12.2023.

2. The case of the petitioner is that he is in possession and enjoyment of the petition mentioned property. On 01.12.2023, the petitioner had paid necessary fees for conducting survey in the said property. The 2nd respondent issued notice stating that the survey will be conducted on 21.02.2024. However, the same has not been conducted. 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 his representation as early as in December, 2023, 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.

24.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg

P.T.ASHA, J.

gbg To 1.The Tahsildar, Manmangalam Taluk, Karur District.

2.The Head Surveyor, Tahsildar Office, Manmangalam Taluk, Karur District.

24.09.2024