Madras High CourtWP(MD)/25851/2024allowed

Ramu 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 Ramu .. Petitioner Vs.

1.The Tahsildar, Office of the Tahsildar, Kariapatti Taluk, Kariapatti, Virudhunagar District.

2.The Head Surveyor, Office of the Tahsildar, Kariapatti Taluk, Kariapatti, Virudhunagar District.

3.The Surveyor, Office of the Surveyor, Kariapatti Taluk, Kariapatti, Virudhunagar District.

.. 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 land and fix the boundaries comprised in Survey No.203/24

situated at Pappanam Village, Kariapatti Taluk, Virudhunagar District and considering the petitioner's online application and representation, dated 16.08.2024.

For Petitioner :

Mr.Kannan Gurusami For Respondents :

Mr.P.Thambidurai Government Advocate

ORDER

This writ petition is filed for a mandamus to the respondents to survey the land and fix the boundaries comprised in Survey No.203/24 situated at Pappanam Village, Kariapatti Taluk, Virudhunagar District and considering the petitioner's online application and representation, dated 16.08.2024.

2. The case of the petitioner is that the Deputy Tahsildar, Virudhunagar District has allotted house site patta in favour of the petitioner and her husband's brother wife and they got patta in their favour, dated 09.10.2019. In order to construct a house in the said land, she would like to survey the said property. On 16.08.2024, the petitioner

had made a representation and had also paid necessary charges for surveying the land. 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 her representation as early as 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 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 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.

28.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The Tahsildar, Office of the Tahsildar, Kariapatti Taluk, Kariapatti, Virudhunagar District.

2.The Head Surveyor, Office of the Tahsildar, Kariapatti Taluk, Kariapatti, Virudhunagar District.

3.The Surveyor, Office of the Surveyor, Kariapatti Taluk, Kariapatti, Virudhunagar District.

P.T.ASHA, J.

gbg 28.10.2024