Madras High CourtWP(MD)/25263/2024allowed

M. Valliammal v. The Tahsildar

2024-10-24Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA M.Valliammal .. Petitioner Vs.

1.The Tahsildar, Sankarankovil Taluk, Tenkasi District.

2.The Assistant Director of Survey, Tenkasi, Tenkasi District.

3.The Head Surveyor, Sankarankovil Taluk, Tenkasi District.

4.K.Navaneetha Krishnan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents herein to conduct survey, measure and fix the boundaries of the petitioner's land situated in Old Survey No.246/1A, now New Survey No. 8/1, admeasuring 40 cents at Ward No.2 of Sankarankovil Municipality,

Sankarankovil Taluk, Tenkasi District based on the petitioner's online application dated 06.08.2024 and representation dated 28.09.2024 within a reasonable time.

For Petitioner :

Mr.S.Sethupathi For Respondents :

Mr.P.Thambidurai Government Advocate

ORDER

This writ petition has been filed seeking a mandamus to the respondents to conduct survey, measure and fix the boundaries of the petitioner's land situated in Old Survey No.246/1A, now New Survey No. 8/1, admeasuring 40 cents at Ward No.2 of Sankarankovil Municipality, Sankarankovil Taluk, Tenkasi District based on the petitioner's online application dated 06.08.2024 and representation dated 28.09.2024.

2. The case of the petitioner is that the petition mentioned property belonged to him by way of a settlement deed executed by his brother in favour of the petitioner on 26.04.2010. He would submit that in order to survey the above said property, the petitioner made a representation to

the respondents on 28.09.2024. He has also made an online application and paid requisite charges on 06.08.2024. To date, the respondents have not taken any steps to survey the property. 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 28.09.2024, 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 eight 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, Sankarankovil Taluk, Tenkasi District.

2.The Assistant Director of Survey, Tenkasi, Tenkasi District.

3.The Head Surveyor, Sankarankovil Taluk, Tenkasi District.

P.T.ASHA, J.

abr Dated: 24.10.2024