D.A.Savariraj v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.(MD) No.22476 of 2024 D.A.Savariraj .. Petitioner Vs.

1.The Tahsildhar, Manapparai Taluk, Trichy District.

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

3.Palani 4.Vijaya 5.Rengammal 6.Bharathi .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to carry out survey, measurement and demarcation of boundaries of the property measuring to an extent of 99 cents comprised in S.No.274/10A2

situated at Vengaikurichi Village, Manapparai Taluk, Trichy District, by considering the petitioner's application dated 29.04.2024. For Petitioner :

Mr.T.Leninkumar For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed for a Mandamus directing the respondents to carry out survey, measurement and demarcation of boundaries of the property measuring to an extent of 99 cents comprised in S.No.274/10A2 situated at Vengaikurichi Village, Manapparai Taluk, Trichy District, by considering the petitioner's application dated 29.04.2024.

2.The case of the petitioner is that he is the absolute owner of the aforesaid property by a registered sale deed dated 19.06.2008. Since then he is in possession and enjoyment of the same and he also obtained patta in his name. In such circumstances, on 29.04.2024, he submitted an application before the first respondent to conduct survey, measurement

and demarcation of the boundaries of the property. As directed by the first respondent, the petitioner has paid necessary charges for surveying the land and submitted the application through online. So far no steps have been taken. Hence, the present writ petition is filed. 3.The learned Additional Government Pleader, on instructions, would submit that the petitioner has not submitted the application through online. If the petitioner submits an application through online, the same has to be considered within the time stipulated by this Court.

4. Heard the learned counsel on either side.

5.Considering the fact that the petitioner had submitted an application as early as on 29.04.2024 and the respondents, who are bound to consider and pass orders, have failed to perform their statutory duties, this Court is constrained to issue a Mandamus to the petitioner to submit his application online within a period of two weeks from the date of receipt of a copy of this order. On receipt of such application, the first

and second respondents are directed to conduct survey and demarcation of boundaries of the petition mentioned property. The petitioner shall submit all the relevant records to show the title to the property and the respondents 1 and 2 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 weeks therefrom.

6.With the above direction, this Writ Petition stands allowed. No costs.

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

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

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

P.T.ASHA, J.

Ns W.P.(MD) No.22476 of 2024 Dated: 23.09.2024