S.Antonychamy v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T.ASHA S.Antonychamy ... Petitioner Vs.

1.The Tahsildar, West Taluk, Dindigul District.

2.The Surveyor, West Taluk, Dindigul District.

3.The Inspector of Police, Kannivadi Police Station, Dindigul.

4.Henry Joshep 5.Amaladass 6.Pilaventhran 7.Leo Joshep Selvaraj ... Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to survey the petitioner property and demarcate the four boundaries in Survey No.811/3B1, 811/4B, 811/5B situated at Kasavanampatti Village, Dindigul West Taluk, Dindigul District with aid of third respondent and consequently direct the respondents 1 and 2 serve the report of the same to petitioner within the time frame fixed by this Court. For Petitioner : Mr.P.Manikandan For R-1 & R-2 : Mr.B.Saravanan Additional Government Pleader For R-3 : Mr.K.Sanjai Gandhi Government Advocate

ORDER

The present Writ Petition is filed for a Mandamus seeking for a direction to the respondents 1 and 2 to survey the petitioner's property and demarcate the four boundaries in Survey No.811/3B1, 811/4B, 811/5B situated at Kasavanampatti Village, Dindigul West Taluk, Dindigul District with aid of third respondent and consequently direct the respondents 1 and 2 serve the report of the same to petitioner.

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2. It is the case of the petitioner that the property under Survey Nos. 811/3B1, 811/4B and 811/5B situated at Kasavanampatti Village, Dindigul West Taluk, Dindigul District belongs to the petitioner. Originally, the property belonged to one Arulanantham. The petitioner purchased the said property from Arulanantham vide document No.2036 of 2022, dated 26.09.2022. After purchasing the said property, the petitioner is in possession and enjoyment of the said property and the petitioner is enjoying the property without any hindrance after purchasing the same. The revenue records were also converted in the petitioner's name after purchasing the said property. The first respondent issued the patta in the petitioner's name vide Patta No.6478. Hence, the petitioner intends to demarcate the boundaries of the petitioner's land.

3. Heard the learned Counsels on either side.

4. Considering the request of the petitioner and also the fact that the petitioner has made his representations as early as in February, 2024, a mandamus is issued to the respondents to conduct survey and subdivide the petition mentioned property. The petitioner shall submit all the relevant records to show their title to the property and the respondents shall, after issuing notice 3/5

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 six (6) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is allowed. No costs. 26.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Tahsildar, West Taluk, Dindigul District.

2.The Surveyor, West Taluk, Dindigul District.

3.The Inspector of Police, Kannivadi Police Station, Dindigul.

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P.T.ASHA , J.

BTR 26.09.2024 5/5