Vimal Kumar v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Vimal Kumar .. Petitioner Vs.

1.The Tahsildar, Aathoor Taluk, Dindigul, Dindigul District.

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

.. Respondent Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to urvey the petitioner's land comprised in Survey Nos.137/3D and 137/3C2 to an extent of 1 acre 4 cents situated at Kalikkampatti Village, Aathoor Taluk, Dindigul District based on the petitioner's representations dated 27.06.2023 and 04.04.2024 within a time as stipulated by this Court. For Petitioner :

Mr.C.Ezhilarasu For Respondents :

Mr.D.S.Nedunchezhian Government Advocate

ORDER

The petitioner has filed this writ petition for a mandamus directing the respondents to survey his land comprised in Survey Nos.137/3D and 137/3C2 to an extent of 1 acre 4 cents situated at Kalikkampatti Village, Aathoor Taluk, Dindigul District, based on the petitioner's representations dated 27.06.2023 and 04.04.2024 within a time as stipulated by this Court.

2. The petitioner would submit that the above mentioned land has been purchased by him from one Murugan through registered sale deed dated 07.03.2023 and from the date of purchase, he has been in lawful possession and enjoyment of the same. The petitioner has also obtained patta. He would submit that he made an application on 27.06.2023 before the respondents seeking to conduct a proper land survey of S.Nos. 137/3D and 173/3C2 to an extent of 1 acre 12 cents at Kalikkampatti Village, Aathoor Taluk, Dindigul District followed by several requests before respondents 1 and 2. Thereafter, the petitioner has also made a

remainder representation to the respondents on 04.04.2024 in person. However, no steps have been taken to survey his lands. Therefore, the petitioner is before this Court.

3. Heard the learned counsel on either side.

4. Considering the request of the petitioner and also the fact that the first representation of the petitioner is dated 27.06.2023, a mandamus is issued to the respondents to conduct survey and subdivision of 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 subdividing 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 weeks from the date of receipt of a copy of this order.

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

04.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The Tahsildar, Aathoor Taluk, Dindigul, Dindigul District.

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

P.T.ASHA, J.

abr Dated: 04.10.2024