Malarvizhi v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.10.2024

CORAM:

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

The Tahsildar, Ponnamaravathy Taluk, Pudukkottai District.

.. Respondent Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent to survey and demarcate the boundaries of property situated in Survey No. 414/9, Ponnamavarathy East Revenue Village, Ponnamaravathy Taluk, Pudukkottai District, corresponding to Patta No.3330, within the time that may be stipulated by this Court.

For Petitioner :

Mr.M.Mahaboob Athiff For Respondent :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed for a mandamus to the respondents to survey and demarcate the boundaries of property situated in Survey No. 414/9 at Ponnamavarathy East Revenue Village, Ponnamaravathy Taluk, Pudukkottai District, corresponding to Patta No.3330.

2. The case of the petitioner is that the petition mentioned property was gifted to her by her husband under a registered settlement deed. The patta was also stand in her name. She would further submit that she had filed a suit in O.S.No.53 of 2013 for declaration of title and the same was decreed in her favour by a judgment and decree, dated 18.01.2019. On 30.09.2024, the petitioner had made an application and had paid necessary fees for conducting survey in the said property. Since no further action has been taken on the side of the respondents, 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 petitioner has made her representation in September, 2024, a Mandamus is issued to the respondent to conduct survey and mark the boundaries in the petition mentioned property. The petitioner shall submit all the relevant records to show her 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 three (3) months from the date of receipt of a copy of this order.

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

19.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg

P.T.ASHA, J.

gbg To The Tahsildar, Ponnamaravathy Taluk, Pudukkottai District.

19.10.2024