Madras High CourtWP(MD)/23054/2024allowed

V.Ganesan v. The Tahsildar

2024-09-27Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA V.Ganesan ... Petitioner Vs

1. The Tahsildar, Vedasandur Taluk, Dindigul District.

2. The Taluk Surveyor, Vedasandur 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 the lands comprised in Survey No.525B/5 having an extent of 0.11.11 ares at Ayyalur Village, Vedasandur Taluk, Dindigul District, within the time frame fixed by this Court.

For Petitioner :

Mr.C.Prithviraj For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed for a mandamus, to direct the respondents to survey the lands comprised in Survey No.525B/5 having an extent of 0.11.11 ares at Ayyalur Village, Vedasandur Taluk, Dindigul District.

2. The case of the petitioner is that the petition mentioned property has been given as a Dhana Settlement to the petitioner by his brother, namely, V.Raja and the same was registered, vide Document No.3788 of 2022, dated 13.06.2022. Subsequently, he got the patta in Patta No.7272. Now, he is in possession and enjoyment of the property. On 14.02.2023, the petitioner has sent a representation to the first respondent for conducting survey in the said property and he had also paid necessary fee. Despite receiving the same, the official respondents have not taken any 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 his representation as early as on 14.02.2023, 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 six (6) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed. 27.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes jbr

P.T.ASHA, J.

jbr To

1. The Tahsildar, Vedasandur Taluk, Dindigul District.

2. The Taluk Surveyor, Vedasandur Taluk, Dindigul District.

27.09.2024