K. Santha v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2024

CORAM:

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

1.The Tahsildar, Madurai West Taluk, Madurai West Taluk Office, Madurai.

2.The Surveyor, Madurai West Taluk, Madurai West Taluk Office, Madurai.

.. 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 petitioner's properties comprised in New Survey No. 33/7A1A1A, Keelamaathikaattinan Village, Madurai West Taluk, Madurai District to a total extent 0-45.27 Area (Hec/Ares) and fix the boundaries, on the basis of the petitioner's Online Application No. 2024/0123/24/005901, dated 18.07.2024.

For Petitioner :

Mr.P.Banuprasath For Respondents :

Mr.P.Thambidurai Government Advocate

ORDER

This writ petition is filed for a mandamus to the respondents to survey the petitioner's properties comprised in New Survey No. 33/7A1A1A, Keelamaathikaattinan Village, Madurai West Taluk, Madurai District measuring an extent of 0-45.27 Area (Hec/Ares) and fix the boundaries, on the basis of the petitioner's Online Application No. 2024/0123/24/005901, dated 18.07.2024.

2. It is the contention of the petitioner that the petition mentioned property originally belonged to her father. After the demise of her father, joint patta was issued to the legal heirs of the petitioner's father. On 18.07.2024, the petitioner had made an application and had also paid necessary fee for conducting survey. Since no 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 had made her application in July 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 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 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 six (6) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition stands allowed. No costs.

28.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg

P.T.ASHA, J.

gbg To 1.The Tahsildar, Madurai West Taluk, Madurai West Taluk Office, Madurai.

2.The Surveyor, Madurai West Taluk, Madurai West Taluk Office, Madurai.

28.10.2024