Madras High CourtWP(MD)/25889/2024allowed

Manikandan v. The Tahsildar

2024-10-29Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2024

CORAM:

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

1.The Tahsildar, Sivagiri Taluk, Tenkasi District.

2.The Head Surveyor, Sivagiri Taluk, Tenkasi District.

3.S.Chelladurai .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 and 2 to conduct survey and demarcate the four boundaries of petitioner property situated in 1368/2, 1369/1D, 1369/3B, 1369/4 and 1391 measuring to an extent of 7.70 acre situated at Narayanapuram Part-II Village, Sivagiri Taluk, Tenkasi District by considering petitioner's application vide payment of challan, dated 05.08.2024 within a time frame fixed by this Court.

For Petitioner :

Mr.M.Subbiah For R1 & R2 :

Mr.P.Thambidurai Government Advocate

ORDER

This writ petition is filed for a mandamus to the respondents 1 and 2 to conduct survey and demarcate the four boundaries of petitioner's property situated in 1368/2, 1369/1D, 1369/3B, 1369/4 and 1391 measuring an extent of 7.70 acre situated at Narayanapuram Part-II Village, Sivagiri Taluk, Tenkasi District by considering petitioner's application vide payment of challan, dated 05.08.2024.

2. The case of the petitioner is that the petition mentioned property was purchased by the petitioner, his brothers and his mother from various persons. Since the date of the purchase, they have been in possession and enjoyment of the same. Since there is a dispute between the petitioner and the 3rd respondent, the petitioner has made an online application on 05.08.2024 and has also paid necessary fee for conducting survey in the said property. Pursuant to the same, the 1st respondent has issued notice

for conducting survey on 04.10.2024. However, the same was not conducted. Therefore, 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 August 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 eight (8) weeks 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, Sivagiri Taluk, Tenkasi District.

2.The Head Surveyor, Sivagiri Taluk, Tenkasi District.

P.T.ASHA, J.

gbg 29.10.2024