K.Kandasamy v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA K.Kandasamy ... Petitioner Vs

1. The Tahsildar, Mudukulathur, Ramanathapuram District.

2. The Taluk Surveyor, Mudukulathur, Ramanathapuram District.

3. The Inspector of Police, Kadaladi Police Station, Kadaladi, Ramanathapuram District.

4. Nagarathinam ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct 1st and 2nd respondents to survey the petitioner's land in survey number 404/6A2, Ilanchamboor Village, Mudukulathur Taluk, Ramanathapuram District,

based on the petitioner's representation dated 17.02.2024 and further the petitioner's application dated 31.08.2024 and further direct the 3rd respondent to provide police protection to conduct survey. For Petitioner :

Mr.Raja Karthikeyan For R1 & R2 :

Mr.P.Thambidurai Government Advocate For R3 :

Mr.K.Sanjai Gandhi

ORDER

This writ petition is filed for a mandamus, to direct the respondents to survey and demarcate the four boundaries by planting survey stones in Survey No. 672/1B1A (Old Survey No. 672/1), situated at Vedasendur Taluk, Dindigul District, based on the online application, dated 12.08.2024.

2. The case of the petitioner is that the petition mentioned property devolves by inheritance. Subsequently, the petitioner got the patta, vide proceedings, dated 09.10.2008. Now, he is in possession and enjoyment of the property. On 17.02.2024, the petitioner has sent a representation

to the first respondent for conducting survey in the said property and he had also paid necessary fee. Since no further action on the side of the first respondent, the petitioner again on 31.08.2024, has made an application to the first respondent. Despite the same has been received by the official respondent, no action has been taken. Hence, the petitioner has approached this Court.

3. Heard the learned counsel on either side.

4. Considering the request of the petitioner and also the fact that the petitioner sent his representation as early as on 17.02.2024 , a Mandamus is issued to the respondents to conduct survey and mark the boundaries in 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 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 eight (8) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition stands allowed. No costs.

27.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes jbr To

1. The Tahsildar, Mudukulathur, Ramanathapuram District.

2. The Taluk Surveyor, Mudukulathur, Ramanathapuram District.

3. The Inspector of Police, Kadaladi Police Station, Kadaladi, Ramanathapuram District.

P.T.ASHA, J.

jbr 27.09.2024