Andisamy v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2024

CORAM:

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

1.The Tahsildar, Kadavur Taluk Office, Karur District.

2.The Taluk Surveyor, Kadavur Taluk Office, Karur District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to take necessary steps to measure the land and fix the four boundaries of the lands S.F.No.1033/1, S.F.No.1033/3A2 and S.F.No.1033/3B situated Vadakkulam, D.Edayapatti Village Kadavur Taluk, Karur District based on the petitioner's application, dated 11.07.2024 within a stipulated time in accordance with law.

For Petitioner :

Mr.M.Prabu For Respondents :

Mr.D.S.Neduncheziyan Government Advocate

ORDER

This writ petition is filed for a mandamus to direct the respondents to measure the land and fix the four boundaries of the lands comprised in S.F.No.1033/1, S.F.No.1033/3A2 and S.F.No.1033/3B situated Vadakkulam, D.Edayapatti Village Kadavur Taluk, Karur District based on the petitioner's application, dated 11.07.2024.

2. It is the contention of the petitioner that the above property was purchased by him under a sale deed, dated 18.10.2010 from one Thangam @ Perumal. Subsequently, patta was also transferred to his name. Since the date of purchase, he has been in possession and enjoyment of the said property. On 11.07.2024, the petitioner had made an application and had also paid necessary fee for conducting survey. Since the same has not been considered to date, 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 his representation as early as in July 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 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.

23.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg

P.T.ASHA, J.

gbg To 1.The Tahsildar, Kadavur Taluk Office, Karur District.

2.The Taluk Surveyor, Kadavur Taluk Office, Karur District.

23.10.2024