The Madras High Court directed the Tahsildar and Head Surveyor to survey and demarcate the petitioner's land within six weeks. The court required submission of title records and warned of a speaking order procedure if the survey request were rejected.
Directing respondents to survey and demarcate the property within six weeks; petitioner to submit title records.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD) No.19571 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.08.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA
W.P.(MD) No.19571 of 2024
Jeya
.. Petitioner
Vs.
Theni District.
Theni District.
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents no.
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W.P.(MD) No.19571 of 2024
2 and 3 to survey and demarcate the petitioner landed properties to an extent of 3 cents comprised in Survey no.276/5A1 property situated at Shanmugapuram Village, Andipatti Taluk and Theni District on the basis of petitioner's application, dated 16.06.2023 within a time frame fixed by this Court.
For Petitioner : Mr.B.Arun For R1 – R3 : Mr.B.Saravanan Additional Government Pleader For R4 : Mr.K.Sanjay Gandhi Government Advocate
ORDER
This writ petition is filed for a mandamus to direct the 2nd and 3rd respondents to conduct survey and mark the boundaries of the property comprised in Survey no.276/5A1 measuring an extent of 3 cents situated in Shanmugapuram Village, Andipatti Taluk and Theni District on the basis of petitioner's application, dated 16.06.2023.
originally belonged to one Ackammal. During her life time, she had
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W.P.(MD) No.19571 of 2024
executed a settlement deed in favour of the petitioner's vendor, dated 27.04.2009. Thereafter, the petitioner has purchased the property under a registered sale deed, dated 07.02.2022. On 13.06.2023, the petitioner made an online application for conducting survey in the said property and on 16.06.2023, she had paid necessary fee for the same. Since no further action has been taken on the side of the respondents, the petitioner is before this Court.
Government Pleader, the petitioner is directed to make a fresh application
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W.P.(MD) No.19571 of 2024
and the payment made on 16.06.2023 shall be treated as payment made for the proposed application. Thereafter, the official respondents are directed 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 official 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 six (6) weeks from the date of receipt of a copy of this order.
costs.
16.08.2024
NCC : Yes/No Index : Yes/No Internet : Yes gbg
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W.P.(MD) No.19571 of 2024
To
Page 5 of 6
W.P.(MD) No.19571 of 2024
P.T.ASHA, J.
gbg
W.P.(MD) No.19571 of 2024
16.08.2024
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2 issues framed by the court
Whether the respondents are directed to conduct a survey and demarcate the petitioner's property within a fixed time frame.
Whether the petitioner should submit title records and if responding authorities must issue notices and pass speaking orders in case of rejection.
1 provisions across 1 enactments
Jeya
The District Collector, Theni
The Tahsildar, Andipatti Taluk, Theni District
The Head Surveyor, Andipatti Taluk, Theni District
The Inspector of Police, Andipatti Police Station, Theni District
Sendraya Perumal
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
