The Court directed the respondent Tahsildar to survey the land and fix boundary stones after considering the petitioner's records and affording an opportunity of hearing to alleged encroachers on the adjacent pathway within four months.
Direction to survey land, fix boundary stones, and issue notices/afford hearing to alleged encroachers within 4 months.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.10.2021
CORAM:
THE HONOURABLE MRS. JUSTICEV. BHAVANI SUBBAROYAN
W.P.No.23199 of 2019
and W.M.P.No.21506 of 2021
(Through Video Conference)
1. S.Jayaprakash
2. S.Rani .. Petitioners
Versus
The Tahsildar,
Gangavalli Taluk,
Salem District.
.. Respondent
PRAYER: Writ Petition filed under Article 226 of the
Constitution of India, praying to issue a Writ of Mandamus, to
direct the respondent to survey the land comprising in
S.No.456/1 measuring acres 2.97 cents, S.No.456/2 and S.No.457/2
measuring 2 acres situated at Veeraganun (South) Village,
Veeraganur Post, Gangavalli Taluk, Salem District based on the
petitioner's application dated 15.05.2019.
For Petitioners : Mr.M.Rajendran
For Respondent : Mr.V.Veluchamy,
Government Advocate
ORDER
This petition has been filed for a Writ of Mandamus to
direct the respondent to survey the land comprising in
S.No.456/1 measuring areas 2.97 cents, S.No.456/2 and S.No.457/2
measuring 2 acres situated at Veeraganun (South) Village,
Veeraganur Post, Gangavalli Taluk (now bifurcated as
Thalaivasaal Taluk) Salem District, based on the petitioner's
application dated 15.05.2019.
2. The petitioners, after filing this writ petition,
filed an amendment petition seeking for a direction to the
respondent to survey the land comprised in S.Nos.456/2, 449/1
and 457/2 instead of the land comprised in S.Nos.456/1, 456/2 &
457/2. Being satisfied with the reasons stated in affidavit
filed in support of the amendment petition, W.M.P.No.21506 of
2021 stands ordered.
3. The case of the petitioners is that the first
petitioner jointly purchased 3 acres of land along with his
father's brother, comprising in S.No.456/1 measuring areas 2.97
cents situated at Veeraganun (South) Village, Veeraganur Post,
Gangavalli Taluk (now bifurcated as Thalaivasaal Taluk) Salem
District vide Doc.No.819/2012 dated 22.03.2012, on the file of
the SRO, Gangavalli. The petitioner's mother namely S.Rani/
second petitioner herein, jointly bought the property with the
first petitioner's father's brother comprising in S.No.457/2
measuring 2 acres situated at Veeraganun (South) Village,
Veeraganur Post, Gangavalli Taluk (now bifurcated as
Thalaivasaal Taluk) Salem District vide doc.No.2192/2006 dated
17.11.2006 on the file of DRO Gangavalli.
4. The petitioners paid fees by way of challan on
15.04.2019 to survey the said property. The total extent of
acres 2.97 cents and 2 acres have to be surveyed by fixing
boundary stone. In order to avoid unnecessary problem with
others with respect to the boundary, the first petitioner paid
the requisite charges in the Treasury and seeks for directing
the Surveyor to survey the land in receipt of the
representation, dated 15.05.2019, by fixing the boundary line.
The learned counsel for the petitioners submit that the
Authorities have not considered the petitioner's representation
and it is pending from the year 2019 onwards. He also submits
that S.No.449/1 is the pathway, which has also been encroached
upon by third parties. Hence, the same also to be considered and
measured.
5. Without expressing any opinion on the merits of the
case, this Court directs the respondent to consider the
petitioners' prayer after perusal of the records and by issuing
notice to the said person, who is alleged to have encroached
upon S.No.449/1 and only after affording an opportunity of
hearing to all the persons concerned in the vicinity, the
Surveyor shall survey the land and fix boundary stones and then
the respondent shall pass appropriate orders within a period of
four(04) months from the date of receipt of a copy of this
order.
6. Accordingly, this Writ Petition stands Disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
sts
To:
The Tahsildar,
Gangavalli Taluk,
Salem District.
W.P.No.23199 of 2019
GSM(CO)
SB(02/11/2021)
1 issue framed by the court
Whether the respondent should be directed to survey the land and fix boundary stones based on the petitioner's representation. In fixing the boundary, whether third parties alleged to encroach on the
1 provisions across 1 enactments
S. Jayaprakash / S. Rani
The Tahsildar, Gangavalli Taluk, Salem District
V. Bhavani Subbaroyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court