K.Kannan v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2024

CORAM:

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

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

2.The Surveyor, Madurai North Taluk, Madurai North 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.164/21, situated at Siruthur Village, Madurai North Taluk, Madurai District to an extent of 22 cents, 368 Sq. Ft, and fix the boundaries on the basis of the petitioner's online application No.2024/0123/24/008305, dated 23.09.2024.

For Petitioner :

Mr.P.Banuprasath

For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed for a mandamus to the respondents to survey the petitioner's properties comprised in New Survey No.164/21, situated at Siruthur Village, Madurai North Taluk, Madurai District to an extent of 22 cents, 368 Sq. Ft, and fix the boundaries on the basis of the petitioner's online application No.2024/0123/24/008305, dated 23.09.2024.

2. The case of the petitioner is that the petition mentioned property was purchased by the petitioner from one Muniyasamy and three others through a registered sale deed, dated 27.08.2021. Since then, he has been in possession and enjoyment of the same. Subsequently, mutations have been effected and joint patta has also been issued. On 23.09.2024, the petitioner had made an application and has also paid necessary fee 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 four (4) months from the date of receipt of a copy of this order.

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

29.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg

To 1.The Tahsildar, Madurai North Taluk, Madurai North Taluk Office, Madurai.

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

P.T.ASHA, J.

gbg 29.10.2024