V. Palaniyappan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.10.2024

CORAM:

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

The Tahsildar, Pudukottai Taluk, Pudukottai 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 Town Survey No.2429/80, Block No.37, Ward A, Pudukkottai Town, Pudukkottai District as per the provisions of the Tamil Nadu Survey and Boundaries Act, 1923 within a time to be stipulated by this Court. For Petitioner :

Mr.M.Mahaboob Athiff For Respondents :

Mr.P.Thambidurai Government Advocate

ORDER

This writ petition has been filed for a mandamus directing the respondent to survey and demarcate the boundaries of the property situate in Town Survey No.2429/80, Block No.37, Ward A, Pudukkottai Town, Pudukkottai District as per the provisions of the Tamil Nadu Survey and Boundaries Act, 1923.

2. The case of the petitioner is that he has purchased the property measuring an extent of 39 sq. m in Town Survey No.2429/80, Block No. 37, Ward A, Pudukkottai Town, Pudukkottai District under registered documents dated 24.12.1996 and 10.01.1997. The revenue records also stand in the name of the petitioner. Since the petitioner intended to develop the petition mentioned property, he had made an online application for surveying the said property on 21.09.2024 by remitting necessary charges. However, despite his application dated 21.09.2024, no action has been take on the same. Therefore, the present writ petition.

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 21.09.2024, a mandamus is issued to the respondent 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 six weeks from the date of receipt of a copy of this order.

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

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

P.T.ASHA, J.

abr To The Tahsildar, Pudukottai Taluk, Pudukottai District.

Dated: 19.10.2024