M.G.Sathish Babu v. The Tahsildhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA M.G.Sathish Babu .. Petitioner Vs.

The Tahsildar, Madurai East Taluk, Madurai District.

.. Respondent Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the respondent to demarcate and fix the boundaries of the petitioner's property in Survey Nos.72/4A, 72/5 (50 cents) and 75/5 (1 acre) at Kalikappan Village I Bit, Madurai East Taluk, Madurai District by considering the petitioner's application dated 03.10.2024 within a period that may be stipulated by this Court.

For Petitioner :

Mr.N.Sathish Babu For Respondent :

Mr.B.Saravanan Additional Government Pleader

ORDER

Seeking a mandamus to direct the respondent to demarcate and fix the boundaries of the petitioner's property in Survey Nos.72/4A, 72/5 (50 cents) and 75/5 (1 acre) at Kalikappan Village I Bit, Madurai East Taluk, Madurai District by considering his application dated 03.10.2024, the petitioner is before this Court.

2. The case of the petitioner is that the petition mentioned properties were gifted by his mother under registered settlement deeds dated 11.10.2010 and 30.09.2015 and from that dates, he has been in enjoyment and possession of the aforementioned property. He also got the patta mutated in his name in Patta Nos.1258 and 870. To safeguard his property and establish clear boundaries, he has been approaching the respondent since 2015 with requests for survey and demarcation. However, no step whatsoever has been taken by the respondent. Further, on 03.10.2024, the petitioner once again approached the respondent by submitting an online application enclosing all the relevant documents, to

which also there is no response from the respondent. Therefore, aggrieved 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 been approaching the respondent since 2015 and that he has made an online application on 03.10.2024, a mandamus is issued to the respondent to conduct survey and subdivision of the petition mentioned property. The petitioner shall submit all the relevant records to show his title to the property and the respondent 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 six months from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is allowed. No costs.

29.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To The Tahsildar, Madurai East Taluk, Madurai District.

P.T.ASHA, J.

abr Dated: 29.10.2024