M.Ayyanar v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA M.Ayyanar .. Petitioner Vs.

1.The Tahsildar, Vadipatti Taluk, Madurai District.

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

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to cause survey of the land in old survey No.378/21 Irubadi Village, Vadipatti Taluk, Madurai District admeasuring 0.00.57 sq.ft and mark boundaries on the basis of the application, dated 18.07.2023 made by the petitioner within a time frame fixed by this Court. For Petitioner :

Mr.R.Chandrasekar For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed for a mandamus to the respondents to survey the land in old survey No.378/21 Irubadi Village, Vadipatti Taluk, Madurai District measuring an extent of 0.00.57 sq.ft and mark boundaries on the basis of the application, dated 18.07.2023 made by the petitioner.

2. It is the contention of the petitioner that he had purchased the petition mentioned property under a registered sale deed, dated 28.12.2017. Since then, he has been in possession and enjoyment of the same. On 18.07.2023, 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 his application in July 2023, 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 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, Vadipatti Taluk, Madurai District.

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

28.10.2024