M. Bala Krishnan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA M.Balakrishnan .. 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, directing the respondents to survey the lands comprised in Survey Nos.324/2A and 339/B at Sukkampatti Village, Vedasandur Taluk, Dindigul District within the time frame fixed by this Court.

For Petitioner :

Mr.C.Prithviraj For Respondents :

Mr.D.S.Nedunchezian Government Advocate

ORDER

This writ petition is filed for a mandamus to the respondents to survey the lands comprised in Survey Nos.324/2A and 339/B at Sukkampatti Village, Vedasandur Taluk, Dindigul District.

2. The case of the petitioner is that the petition mentioned property originally belonged to one Solaimalai Gounder and his family members. The said Solaimalai Gounder and his wife Eluvai Ammaland on behalf of his minor sons had executed a registered sale deed, dated 01.08.1994 in favour of the petitioner. Since then, the petitioner has been in possession and enjoyment of the same. On 18.09.2024, the petitioner had made an application and had also paid necessary fees 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 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 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 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 eight (8) weeks 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

P.T.ASHA, J.

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

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

25.10.2024