Allowed

K.Kandasamy v. The Tahsildar

Madras HC27 Sept 2024WP(MD)/23035/2024

Case brief

AI extract

What is this about?

Writ petition seeking a mandamus to the revenue authorities to survey and demarcate the petitioner's inherited land with patta, based on his unanswered representations. The court issued a mandamus to conduct the survey after notice to adjacent owners and enquiry, within eight weeks, and allowed the petition without costs.

What did the court decide?

Mandamus issued directing survey and demarcation after enquiry with notice to interested parties, to be completed within eight weeks.

K.Kandasamy Vs The Tahsildar — Property and Title | Madras HC (2024)

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W.P.(MD) No.23035 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 27.09.2024

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CORAM:

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THE HONOURABLE MS.JUSTICE P.T.ASHA

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W.P.(MD) No.23035 of 2024

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K.Kandasamy ... Petitioner Vs

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The Tahsildar, Mudukulathur, Ramanathapuram District.

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The Taluk Surveyor, Mudukulathur, Ramanathapuram District.

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The Inspector of Police, Kadaladi Police Station, Kadaladi, Ramanathapuram District.

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Nagarathinam ... Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct 1^st and 2^nd respondents to survey the petitioner's land in survey number 404/6A2, Ilanchamboor Village, Mudukulathur Taluk, Ramanathapuram District,

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_________Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.23035 of 2024

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based on the petitioner's representation dated 17.02.2024 and further the petitioner's application dated 31.08.2024 and further direct the 3^rd respondent to provide police protection to conduct survey.

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For Petitioner : Mr.Raja Karthikeyan For R1 & R2 : Mr.P.Thambidurai Government Advocate For R3 : Mr.K.Sanjai Gandhi

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ORDER

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This writ petition is filed for a mandamus, to direct the respondents

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to survey and demarcate the four boundaries by planting survey stones in

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Survey No. 672/1B1A (Old Survey No. 672/1), situated at Vedasendur Taluk, Dindigul District, based on the online application, dated 12.08.2024.

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The case of the petitioner is that the petition mentioned property devolves by inheritance. Subsequently, the petitioner got the patta, vide proceedings, dated 09.10.2008. Now, he is in possession and enjoyment of the property. On 17.02.2024, the petitioner has sent a representation

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.23035 of 2024

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to the first respondent for conducting survey in the said property and he had also paid necessary fee. Since no further action on the side of the first respondent, the petitioner again on 31.08.2024, has made an application to the first respondent. Despite the same has been received by the official respondent, no action has been taken. Hence, the petitioner has approached this Court.

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Heard the learned counsel on either side.

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Considering the request of the petitioner and also the fact that

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the petitioner sent his representation as early as on 17.02.2024 , a Mandamus is issued to the respondents to conduct survey and mark the boundaries in the petition mentioned property. The petitioner shall submit all the relevant records to show his 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 demarcating the property or rejecting the request. In the case of a rejection, a speaking order shall be passed. The aforesaid

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.23035 of 2024

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exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.

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With the above directions, this Writ Petition stands allowed. No

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costs.

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27.09.2024

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NCC : Yes/No Index : Yes/No Internet : Yes jbr

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The Tahsildar, Mudukulathur, Ramanathapuram District.

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The Taluk Surveyor, Mudukulathur, Ramanathapuram District.

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The Inspector of Police, Kadaladi Police Station, Kadaladi, Ramanathapuram District.

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_________Page 4 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.23035 of 2024

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P.T.ASHA, J.

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jbr

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W.P.(MD) No.23035 of 2024

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27.09.2024

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https://www.mhc.tn.gov.in/judis

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K.Kandasamy v. The Tahsildar

Case brief

What is this about?

What did the court decide?

K.Kandasamy v. The Tahsildar

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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