Swamy Nagarajan v. The Thasildhar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA Swamy Nagarajan .. Petitioner Vs.
1.The Tahsildar, Vadipatti Taluk, Madurai District.
2.The Surveyor, Vadipatti Taluk, Madurai District.
3.The Inspector of Police, Vadipatti Police Station, Madurai District.
4.Palpandi .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent No. 1 and 2 herein to conduct survey and demarcate four boundaries in respect of the property comprised in Sur.No.18/1A situated at Thirumalnatham Village, Vadipatti Taluk, Madurai District with the aid
of the respondent no.3 and consequently direct the respondent no.1 and 2 to issue Survey report within a stipulated time period in accordance with law on the basis of the application, dated 19.10.2023. For Petitioner :
Mr.C.Senthil Murugan For R1 & R2 :
Mr.B.Saravanan Additional Government Pleader For R3 :
Mr.K.Gunasekaran Government Advocate(Crl.side)
ORDER
This writ petition is filed for a mandamus to direct the respondents 1 and 2 to conduct survey and demarcate four boundaries in respect of the property comprised in Survey No.18/1A situated at Thirumalnatham Village, Vadipatti Taluk, Madurai District with the aid of the 3rd respondent and consequently direct the respondents 1 and 2 to issue Survey report within a stipulated time period in accordance with law on the basis of the application, dated 19.10.2023.
2. The case of the petitioner is that he is the Proprietor of Nimmathi Coir Mattresses Private Limited. On behalf of the company, he
had purchased the petition mentioned property through sale deed, dated 21.07.2005.. Subsequently, mutation has been effected and joint patta was issued in favour of the company. In order to ascertain the exact measurement, the petitioner has submitted an application, dated 19.10.2023 to the 1st respondent and had 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 his representation as early as in October, 2023, a Mandamus is issued to the respondents 1 and 2 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 1 and 2 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.
25.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The Tahsildar, Vadipatti Taluk, Madurai District.
2.The Surveyor, Vadipatti Taluk, Madurai District.
3.The Inspector of Police, Vadipatti Police Station, Madurai District.
P.T.ASHA, J.
gbg 25.10.2024