Alagu Soundari v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Alagu Soundari .. Petitioner Vs.

1.The Tahsildar, Manapparai Taluk, Trichy District.

2.The Firka Surveyor, Manapparai Taluk, Trichy 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 land in S.No.924, measuring an extent of 6 acres 46 cents in Pannaipatti Keelpagam, Manapparai Taluk, Trichy District, based on the petitioner's application dated 25.03.2024.

For Petitioner :

Mr.G.Sridharan For Respondents :

Mr.D.S.Nedunchezhian Government Advocate

ORDER

This writ petition has been filed seeking to issue a Writ of Mandamus directing the respondents to survey the land in S.No.924, measuring an extent of 6 acres and 46 cents in Pannaipatti Keelpagam, Manapparai Taluk, Trichy District, based on the petitioner's application dated 25.03.2024.

2. The case of the petitioner is that the property in S.No.924 measuring an extent of 6 acres and 46 cents in the abovesaid village was purchased by him through registered sale deed dated 24.03.2021. Patta was also issued in the petitioner's name under Patta No.4274 and from the date of purchase, she has been in possession and enjoyment of the same. In order to fence the said property, the petitioner approached the first respondent to survey her land to mark the four boundaries for which she was directed to pay a sum of Rs.800/-. The petitioner had also paid the said amount through online on 25.03.2024 and gave a petition enclosing the online payment receipt and a copy of the chitta. While so,

due to financial crisis, the petitioner was constrained to sell the above property to one Halitha through registered sale deed dated 01.08.2024. While executing the sale deed, the petitioner had promised the purchaser that she will take necessary steps to survey the land. In this regard, the petitioner had approached the respondents in person to survey her land. But all her efforts evoked no response. Therefore, the present 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 her representation as early as on 25.03.2024, 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 her 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. Since it has been brought to the notice of this Court that one Manickam has petitioned the first respondent for cancellation of patta in respect of various properties including S.No.924 and that there is a suit pending, notice shall also be issued to the said Manickam as well and his objections shall be heard. 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, Manapparai Taluk, Trichy District.

2.The Firka Surveyor, Manapparai Taluk, Trichy District.

P.T.ASHA, J.

abr Dated: 24.10.2024