T.Seenivasan v. The Tahsildar (Land Survey)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2024

CORAM:

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

1. The Tahsildar (Land Survey) Thiruvengadam Taluk Tenkasi District.

2. The Surveyor, Thiruvengadan Taluk, Tenkasi 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 in respect of the petitioner's land situate at S.No.1094/2A1B, Selvakulam Villlage, Thiruvengadam Taluk, Tenkasi District, in the light of the application dated 13.07.2024 made by the petitioner within the time limit that may be stipulated by this Court.

For Petitioner :

M/s.K.Pandipriya 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 in respect of the petitioner's land situate at S.No.1094/2A1B, Selvakulam Villlage, Thiruvengadam Taluk, Tenkasi District, based on the petitioner's application dated 13.07.2024.

2. The case of the petitioner is that the petition mentioned property belonged to the petitioner, vide registered sale deed, dated 28.06.2016 and subsequently, he got the patta in his name. He is in possession and enjoyment of the property. On 13.07.2024, the petitioner made an application to the official respondents and had paid necessary fees, for conducting survey in the said property. Despite the same has been received by the official respondents, 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 has made an applications as early as on 13.07.2024, 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.

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

To

1. The Tahsildar (Land Survey) Thiruvengadam Taluk Tenkasi District.

2. The Surveyor, Thiruvengadan Taluk, Tenkasi District.

P.T.ASHA, J.

jbr 27.09.2024