Suthanthira Devi v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Suthanthira Devi .. Petitioner Vs.

1.The Tahsildar, Athoor Taluk, Dindigul District.

2.The Firka Surveyor, Athoor Taluk, Dindigul 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 by planting survey stones in survey Nos.533(measuring about 0-40.5 Hectares) situated at Kannivadimalai South Revenue Village, Athoor Taluk, Dindigul District based on the online application vide Challan No.2024/0123/13/006352, dated 24.09.2024 within stipulated time as fixed by this Court. For Petitioner :

Mr.S.Sarvagan Prabhu

For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed for a mandamus to the respondents to survey and demarcate the four boundaries by planting survey stones in survey Nos.533(measuring about 0-40.5 Hectares) situated at Kannivadimalai South Revenue Village, Athoor Taluk, Dindigul District based on the online application vide Challan No.2024/0123/13/006352, dated 24.09.2024.

2. The case of the petitioner is that she had purchased the petition mentioned property originally from one Anburaj through a registered sale deed, dated 23.01.2008. Since then, she has been in possession and enjoyment of the same. On 24.09.2024, the petitioner had made an application and has also paid necessary fee 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 respondents 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 four (4) months from the date of receipt of a copy of this order.

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

29.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg

P.T.ASHA, J.

gbg To 1.The Tahsildar, Athoor Taluk, Dindigul District.

2.The Firka Surveyor, Athoor Taluk, Dindigul District.

29.10.2024