Basheer Ahamed v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Basheer Ahamed ... Petitioner Vs

1. The Tahsildar, Vedasendur Taluk, Dindigul District.

2. The Firka Surveyor, Vedasendur Taluk, Dindigul District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of 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, vide Challan No. 2024/0123/13/004979, dated 12.08.2024 within stipulated time as fixed by this Court.

For Petitioner :

Mr.S.Sarvagan Prabhu For Respondents :

Mr.B.Saravanan Additional Government Pleader

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 and other property were allotted as a 'C' schedule property to his share through a registered partition deed, dated 06.10.1982. From the date of execution of the partition deed, the petitioner has been in possession and enjoyment of the property. On 12.08.2024, the petitioner had made an

application for conducting survey in the said property and had also paid necessary fee. Despite receiving the same, the official respondents have taken no action. 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 has made an application as early as on 12.08.2024 , 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 twelve (12) 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, Vedasendur Taluk, Dindigul District.

2. The Firka Surveyor, Vedasendur Taluk, Dindigul District.

P.T.ASHA, J.

jbr 27.09.2024