Madras High CourtWP(MD)/25589/2024allowed

Vellaiammal v. The Tahsildar

2024-10-28Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2024

CORAM:

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

1.The Tahsildar, Vadipatti Taluk, Madurai District.

2.The Head Surveyor, Vadipatti Taluk, Madurai District.

3.The Surveyor, Birka Surveyor Office, Muduvarpatti, Vadipatti Taluk, Madurai District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the respondents to take necessary action to survey the petitioner's land situated in Survey No.96/1A2, Patta No.2696, Devaseri Ukadai, Athanur Revenue Village, Vadipatti Taluk, Madurai District by disposing online Application No.

2024/0123/24/004664 dated 14.06.2024 within stipulated time may be fixed by this Court.

For Petitioner :

Mr.S.Ayyanar Prem Kumar For Respondents :

Mr.P.Thambidurai Government Advocate

ORDER

Seeking a mandamus to the respondents to take necessary action to survey her land situate in Survey No.96/1A2, Patta No.2696, Devaseri Ukadai, Athanur Revenue Village, Vadipatti Taluk, Madurai District by disposing her online Application No.2024/0123/24/004664, dated 14.06.2024, the petitioner is before this Court.

2. The case of the petitioner is that the aforesaid property has been purchased by her under a registered sale deed and she has also got the patta mutated in her name. While so, since the petitioner intended to survey her land to earmark the four boundaries and fix boundary stones, she paid online challan fee for survey and her request was also registered. However, there is no progress on the side of the respondents. Further,

the petitioner made a representation before the respondents on 07.10.2024 to which also there is no response. Therefore, 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 07.10.2024, 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. 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.

28.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The Tahsildar, Vadipatti Taluk, Madurai District.

2.The Head Surveyor, Vadipatti Taluk, Madurai District.

3.The Surveyor, Birka Surveyor Office, Muduvarpatti, Vadipatti Taluk, Madurai District.

P.T.ASHA, J.

abr Dated: 28.10.2024