Karuppiah v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2024

CORAM:

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

1.The Tahsildar, Illupur Taluk, Pudukottai District.

2.The Taluk Surveyor, Illupur Taluk, Pudukottai District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to conduct survey and demark the petitioner's land in Survey no.51/1A2 in Vayalogam Village, Illupur Taluk, Pudukkottai District based on the petitioner's representation, dated 04.03.2024 within a time frame fixed by this Court.

For Petitioner :

Mr.A.Azhageson For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed for a mandamus to therespondents to conduct survey and demarcate the petitioner's land in Survey no.51/1A2 in Vayalogam Village, Illupur Taluk, Pudukkottai District based on the petitioner's representation, dated 04.03.2024.

2. The case of the petitioner is that he has purchased the petition mentioned property under a registered sale deed in Doc.No.1581 of 2008. Since then, he has been in possession and enjoyment of the same. Subsequently, he was issued with patta in Patta No.1745. The petitioner made a representation along with necessary fee for conducting survey to the 1st respondent. Pursuant to the same, the respondents have visited the spot and without conducting proper survey, gave a report of survey. Being dissatisfied with the survey report, the petitioner has made another representation to the respondents on 04.03.2024 and has also paid necessary fee for conducting survey. Since the same was not considered, 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 March 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 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.

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

To 1.The Tahsildar, Illupur Taluk, Pudukottai District.

2.The Taluk Surveyor, Illupur Taluk, Pudukottai District.

P.T.ASHA, J.

gbg 29.10.2024