Madras High CourtWP(MD)/23497/2024allowed

S.Senthilkumar v. The Tahsildar

2024-10-03Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA S.Senthilkumar .. Petitioner Vs.

1.The Tahsildar, Musiri Taluk, Tiruchirappalli.

2.The Taluk Surveyor, Musiri Taluk, Tirhcirappalli.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus to direct the respondents 1 and 2 to survey and demarcate the land in S.No.884B/4B measuring 1.18.5 Hectares, situated at Pillapalayam Village, Musiri Taluk, Tiruchirappalli District and fix the boundaries by considering petitioner's application, vide payment of Challan dated 22.07.2024 and reminder dated 29.07.2024 within the time to be fixed by this Court. For Petitioner :

Mr.K.K.Udayakumar For Respondents :

Mr.P.Thambidurai Government Advocate

ORDER

This writ petition is filed for a mandamus to the respondents to survey and demarcate the land in S.No.884B/4B measuring 1.18.5 Hectares, situated at Pillapalayam Village, Musiri Taluk, Tiruchirappalli District and fix the boundaries by considering petitioner's application, vide payment of Challan dated 22.07.2024 and reminder dated 29.07.2024.

2. The case of the petitioner is that he is the owner of the land measuring 1.18.5 Hectares in S.No.884B/4B of the abovesaid village through release deed dated 01.09.2023 along with pathway rights. While so, in order to fix the four boundaries, the petitioner approached the respondents and paid necessary charges for demarcation of his property with boundaries through his application dated 22.07.2024. To date, the respondents have not taken any steps to survey the petitioner's property. Therefore, 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 on 22.07.2024, a mandamus is issued to the respondents to conduct survey and subdivision of 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 subdividing 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 directions, this Writ Petition is allowed. No costs.

03.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr

P.T.ASHA, J.

abr To 1.The Tahsildar, Musiri Taluk, Tiruchirappalli.

2.The Taluk Surveyor, Musiri Taluk, Tirhcirappalli.

Dated: 03.10.2024