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2024 Supreme(Online)(Mad) 74390

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Ms.Justice P.T.ASHA
T.Murugesh – Appellant
Versus
The Tahsildar – Respondent



BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2024 CORAM THE HONOURABLE MS.JUSTICE P.T.ASHA WP.(MD)No.21575 of 2024 T.Murugesh ... Petitioner Vs.

1.The Tahsildar, Vedasendur Taluk, Dindigul District.

2.The Firka Surveyor, Vedasandur Taluk, Dindigul District. ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Certiorarified Mandamus, to direct the Respondents to survey and demarcate the four boundaries by planting survey stones in Survey No.1037/7 (Old No.703-1) measuring about 0-0.83 ares situated at Pallapatti Village, Vedasendur Taluk, Dindigul District based on the online application vide Challan No.20240222022023 dated 22.02.2024 within stipulated time as fixed by this Court.

For Petitioner : Mr.S.Sarvagan Prabhu For Respondents : Mr.B.Saravanan, Additional Government Pleader.

ORDER

This writ petition is filed for a mandamus to direct the Respondents to survey and demarcate the four boundaries by planting survey stones in Survey No.1037/7 (Old No.703-1) measuring about 0-0.83 ares situated at Pallapatti Village, Vedasendur Taluk, Dindigul District based on the online application vide Challan No.20240222022023 dated 22.02.2024 within a time frame.

2.The case of the petitioner is that the above mentioned property is a house site, which was allotted to petitioner’s mother and joint patta has also been issued in the name of petitioner’s mother and one Vennaiyan. After the demise of the petitioner’s mother, he applied for transferring the patta and joint patta has also been issued in patta No.586. In order to measure and demarcate to plant survey stones in the above said survey number, the petitioner applied for survey through online. Since the said application did not evoke any response, the petitioner has approached 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 application on 22.02.2024, a mandamus is issued to the respondents to conduct survey and subdivide the petition mentioned property. The petitioner shall submit all the relevant records to show their 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 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 four weeks from the date of receipt of a copy of this order.

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

11.09.2024 Index:Yes/No Internet:Yes/No gns To

1.The Tahsildar, Vedasendur Taluk, Dindigul District.

2.The Firka Surveyor, Vedasandur Taluk, Dindigul District.

P.T.ASHA,J.

gns

11.09.2024

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