K. Thangamani v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA K.Thangamani .. Petitioner Vs.

1.The Tahsildar, Vedasandur Taluk, Dindigul District.

2.The Taluk Surveyor, Vedasandur 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 the lands comprised in Survey No.1435/2 having an extent of 1 acre 1 cent situated at Sukkampatti Village, Vedasandur Taluk, Dindigul District within the time frame that may be fixed by this Court. For Petitioner :

Mr.C.Prithviraj For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition has been filed for a mandamus to direct the respondents to survey the lands comprised in Survey No.1435/2 having an extent of 1 acre 1 cent situated at Sukkampatti Village, Vedasandur Taluk, Dindigul District.

2. The case of the petitioner is that the property comprised in S.No. 1435/2 of the aforesaid village originally belonged to one Sudha. Thereafter, the petitioner purchased the property from the said Sudha by a registered sale deed dated 28.11.2011 and from the date of purchase, the petitioner is in possession and enjoyment of the same. Subsequently, the revenue records were changed in his name and he also got the patta mutated in his name. The petitioner would submit that in order to fence his property, he made an application to the first respondent on 18.09.2024 to survey and demarcate and has also paid necessary fees through e-challan. However, after receiving the petitioner's application, the same was kept in cold storage. Hence, this writ petition.

3. Heard the learned counsel on either side.

4. Considering the case of the petitioner and also the fact that the petitioner has made his representation on 18.09.2024, 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.

28.10.2024 NCC : Yes/No Index : Yes/No abr

To 1.The Tahsildar, Vedasandur Taluk, Dindigul District.

2.The Taluk Surveyor, Vedasandur Taluk, Dindigul District.

P.T.ASHA, J.

abr Dated: 28.10.2024