Amsavalli v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Amsavalli .. Petitioner Vs.

1.The Tahsildar, Usilampatti Taluk Office, Usilampatti, Madurai District.

2.The Head Surveyor, Usilampatti Taluk Office, Usilampatti, Madurai District.

3.The Inspector of Police, Vikkiramangalam Police Station, Vikkiramangalam, Madurai District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct respondents 1 and 2 to conduct survey of the petitioner's land in S.No.105/2B to an extent of 1 acre 90.5 cents situated at Paanamoopppanpatti Village, Usilampatti Taluk, Madurai District on the basis of petitioner's online application dated 08.10.2024.

For Petitioner :

Mr.C.Jeganathan For R1 & R2 :

Mr.B.Saravanan Additional Government Pleader For R3 :

Mr.K.Gnanasekaran Government Advocate (Crl. Side)

ORDER

The petitioner has filed this writ petition seeking for a mandamus to direct respondents 1 and 2 to conduct survey of her land in S.No. 105/2B measuring an extent of 1 acre 90.5 cents situate at Paanamoopppanpatti Village, Usilampatti Taluk, Madurai District on the basis of her online application dated 08.10.2024.

2. The case of the petitioner is that she purchased the property from one Mahamayi under a registered sale deed dated 06.04.2018. The revenue records were mutated in favour of the petitioner and the patta also stands in the name of the petitioner. The petitioner would submit that from the date of purchase, she has been in possession and enjoyment of the same without any hindrance. While so, on 08.10.2024, the petitioner made an application through online to conduct survey of her

land in respect of the aforesaid property by paying necessary charges followed by a detailed representation on the very same day. Since the respondents had failed to conduct the survey, the petitioner is before this Court.

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 on 08.10.2024, a mandamus is issued to respondents 1 and 2 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 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 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 four months 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 Internet : Yes abr To 1.The Tahsildar, Usilampatti Taluk Office, Usilampatti, Madurai District.

2.The Head Surveyor, Usilampatti Taluk Office, Usilampatti, Madurai District.

3.The Inspector of Police, Vikkiramangalam Police Station, Vikkiramangalam, Madurai District.

P.T.ASHA, J.

abr Dated: 28.10.2024