Ganesan. Ak v. The Tahsildar

ORDER This writ petition has been filed for issuance of writ of mandamus, directing the respondents to survey, demark and fix the boundary stone in petitioner's property situated at Survey No. 154-74 ad measuring 0.01.34 Ares, Survey No. 154-137 ad measuring 0.10.12 Ares and Survey No. 154-3C6B ad measuring 0.37.00 Ares at Thanakankulam Village, Thiruparankundram Taluk, Madurai South, Madurai District based on the petitioner's representation dated

10.10.2023.

¶2Heard Mr.S.Poornachandran, learned counsel appearing for the petitioner and Mr.K.S.Selvaganesan, learned Additional Government Pleader for the respondents.

¶3By consent of both parties, this writ petition is disposed at the stage of admission itself.

¶4The properties situated at Survey No. 154-74 ad measuring 0.01.34 Ares, Survey No. 154-137 ad measuring 0.10.12 Ares and Survey No. 154-3C6B ad measuring 0.37.00 Ares at Thanakankulam village, Thiruparankundram Taluk, Madurai South, Madurai District are the ancestral properties of the petitioner. After demise of his father, the said properties were inherited and settled among the family members through a registered settlement deed in Document No.8311 of 2014 dated 28.08.2014. Thereafter, the petitioner is exclusively in possession and enjoyment of the subject properties. Mutation has also been effected and patta stands in the name of the petitioner. While so, intending to sell the properties, the petitioner had remitted appropriate fee to conduct survey in his properties on 09.10.2023 and he has also made requisition to the first respondent in person on 10.10.2023 for the said purpose. However, the first respondent has not come forward to survey the properties. In view of the same, this writ petition came to be filed.

¶5The learned Additional Government Pleader fairly submitted that survey would be conducted within a period of two weeks.

¶6Considering the above, the respondents are directed to consider the petitioner's representation dated 10.10.2023 and conduct survey upon the petitioner's properties situated at Survey No. 154-74 ad measuring 0.01.34 Ares, Survey No. 154-137 ad measuring 0.10.12 Ares and Survey No. 154-3C6B ad measuring 0.37.00 Ares at Thanakankulam Village, Thiruparankundram Taluk, Madurai South, Madurai District within a period of two weeks from the date of receipt of a copy of this order. This writ petition stands allowed. No costs.

28.12.2023 NCC : Yes/No (1/2) Internet :Yes/No Index :Yes/No vsm/sm TO:-

1.The Thasildhar, O/o. Thasildhar, Tiruparankundram Taluk Office, Madurai District.

2.The Deputy Sub Inspector of Survey, Tiruparankundram Taluk Office, Madurai District.

L.VICTORIA GOWRI, J. vsm/sm W.P.(MD)No.31360 of 2023 (1/2) Dated:

28.12.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.12.2023 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.31360 of 2023 A.K.Ganesan ...Petitioner /Vs./ 1.The Thasildhar, O/o. Thasildhar, Tiruparankundram Taluk Office, Madurai District. 2.The Deputy Sub Inspector of Survey, Tiruparankundram Taluk Office, Madurai District. ` ....Respondents PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents to survey, demark and fix the boundary stone in petitioner's property situated at Survey No. 154-74 ad measuring 0.01.34 Ares, Survey No. 154-137 ad measuring 0.10.12 Ares and Survey No. 154-3C6B ad measuring 0.37.00 Ares at Thanakankulam village, Thiruparankundram Taluk, Madurai South, Madurai District based on the petitioner's representation dated 10.10.2023. For Petitioner : Mr.S.Poornachandran For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader