Kanagasabapathy v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.10.2024

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA Kanagasabapathy ... Petitioner /vs./ 1.The Tahsildar, Taluk Office, Tiruchendur, Thoothukudi District.

2.The Head Surveyor, Taluk Office, Tiruchendur, Thoothukudi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to survey the land in Survey No.15/1H, 15/2, 15/3A, 15/4 situated at Kalankudiruppu Village, Tiruchendur Taluk, Thoothukudi District on the basis of the petitioner's representation dated 18.05.2024 within a stipulated time fixed by this Court. 1/5

For Petitioner : Mrs.M.Deepa Jothi for Mr.S.Muniyandi For Respondents : Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed for a mandamus directing the respondents to survey the land in S.Nos.15/1H, 15/2, 15/3A and 15/4 at Kalankudiruppu Village, Tiruchendur Taluk, Thoothukudi.

2. The case of the petitioner is that the petition mentioned property is his ancestral property and vide Doc.No.1229/2023 dated 31.03.2023 on the file of Sub Registrar, Udangudi, the said property was partitioned between the petitioner and his brother. Meanwhile, the petitioner has made applications dated 07.03.2024, 11.03.2024 and 18.05.2024 to the first respondent for survey of the land. Since the representations did not evoke any response, the petitioner has approached this Court.

3. Heard the learned counsel on either side.

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4. Considering the request of the petitioner and also the fact that the petitioner has made his representations as early as in May, 2024, a mandamus is issued to the respondents to conduct survey on 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 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 weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is allowed. No costs. Speaking : Yes / No 21.10.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No mm 3/5

To 1.The Tahsildar, Taluk Office, Tiruchendur, Thoothukudi District.

2.The Head Surveyor, Taluk Office, Tiruchendur, Thoothukudi District.

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P.T.ASHA, J.

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