Raman v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2024

CORAM:

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

1.The Tahsildar, Usilampatti Taluk, Madurai District.

2.The Head Surveyor, Usilampatti Taluk, Madurai District.

3.The Inspector of Police, Vikkiramangalam Police Station, Usilampatti Taluk, Madurai District.

.. Respondents Prayer:Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 1st and 2nd respondents to survey the petitioner's land in Survey No.321/41 to an extent of 3 cents respectively situated at Vikkiramangalam Village,

Usilampatti Taluk, Madurai District and to fix its boundaries as per revenue records by obtaining adequate police protection from the third respondent police, within the period that may be stipulated by this Court. For Petitioner :

Mr.G.Chezhiyan For R1 & R2 :

Mr.D.S.Nedunchezian Government Advocate For R3 :

Mr.K.Sanjay Gandhi Government Advocate

ORDER

This writ petition is filed for a Mandamus directing the first and second respondents to survey the petitioner's land in Survey No.321/41 to an extent of 3 cents, situated at Vikkiramangalam Village, Usilampatti Taluk, Madurai District and to fix its boundaries, as per the revenue records by obtaining adequate police protection from the third respondent police.

2.It is the case of the petitioner that the aforesaid property originally belonged to him. On 08.12.2022 the Government has issued him with an assignment patta to his name. The petitioner and his wife are

in possession and enjoyment of the same. While so, he made an application in online to survey the said property. He has paid necessary charges through the challan on 25.04.2023 to the first and second respondents. But, no action has been taken. Hence, he sent a detailed representation dated 25.10.2023 to the first respondent. Since no steps have been taken, the present writ petition is filed.

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 dated 25.10.2023, a mandamus is issued to the respondents to conduct survey and fix the boundaries of the petition mentioned property. The petitioner shall submit all the relevant records to show the 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 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 direction, this Writ Petition stands allowed. No costs.

25.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes Ns To 1.The Tahsildar, Usilampatti Taluk, Madurai District.

2.The Head Surveyor, Usilampatti Taluk, Madurai District.

3.The Inspector of Police, Vikkiramangalam Police Station, Usilampatti Taluk, Madurai District.

P.T.ASHA, J.

Ns Dated: 25.09.2024