V.Elgango v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2024

CORAM:

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

1.The Tahsildar, Nanguneri Taluk, Tirunelveli District.

2.The Head Surveyor, Nanguneri Taluk, Tirunelveli District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to conduct survey and demarcate the boundaries in S.No.1082/3B3A, Devanallur Village, Nanguneri Taluk, Tirunelveli District based on petitioner's application dated 25.07.2024 within the time to be stipulated by this Court.

For Petitioner :

Mr.C.Venkatesh For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

Seeking a mandamus to the respondents to conduct a survey and demarcate the boundaries in S.No.1082/3B3A, Devanallur Village, Nanguneri Taluk, Tirunelveli District, based on his application dated 25.07.2024, the petitioner is before this Court.

2. The case of the petitioner is that the property in S.No. 1082/3B3A of the aforesaid village was inherited by his father Late.Vanmamalai. Patta was also issued in the name of the petitioner's father as Patta No.1389. The petitioner would submit that after the demise of his father, the property was maintained by his mother Nachiyarammal and after her demise, the petitioner's sisters Selvamani Ammal and Anbu Pappa have executed release deed in favour of the petitioner vide Document No.1498 of 2012 and on the strength of the same, the petitioner's name has been included in the joint patta. He would submit that in order to survey the land and demarcate the boundaries, he has given an online application to the respondents

on 25.07.2024. However, no steps have been taken to date. 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 petitioner has made his representation as early as on 25.07.2024, 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 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.

24.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The Tahsildar, Nanguneri Taluk, Tirunelveli District.

2.The Head Surveyor, Nanguneri Taluk, Tirunelveli District.

P.T.ASHA, J.

abr Dated: 24.10.2024