Madevan vs Tahsildhar
2024 Latest Caselaw 20960 Mad

Madras High Court

Madevan vs Tahsildhar on 4 November, 2024

Author: P.T.Asha

Bench: P.T.Asha

                                                                              W.P.No.28055 of 2023

                          IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                           DATED : 04.11.2024

                                                CORAM

                                  THE HON'BLE MS.JUSTICE P.T.ASHA

                                           W.P.No.28055 of 2023
                                                  and
                                         W.M.P.No.27567 of 2023

              1. Madevan
              2. Rajamanickam                                            ... Petitioners

                                                    Vs.

              Tahsildhar,
              Sathyamangalam Taluk,
              Erode District.                                            ... Respondent


              Prayer: Writ Petition filed under Article 226 of Constitution of India, for
              issuance of a Writ of Mandamus to direct the respondent to survey the land
              and sub divide the property in S.F.No.324/1 with an extent of 3.25.0 Hec.
              and S.F.No.324/2 (old S.F.No.31) with an extent of 0.10.0 Hec. in
              Kottamalam Village, Sathyamangalam Taluk, Erode District in terms of the
              judgment dated 16.09.2013 in O.S.No.40 of 2013 passed by Sub Court,
              Sathyamangalam       as   confirmed   by    III   Additional    District     Court,
              Gobichettipalayam, Erode District in A.S.No.27 of 2019 on 09.04.2021 by
              considering the petitioner's representation dated 13.03.2023.




                 ____________
https://www.mhc.tn.gov.in/judis
              Page No. 1 of 4
                                                                           W.P.No.28055 of 2023




                                  For Petitioners     : Mr.Titus Enock
                                  For Respondent      : Mr.M.R.Gokul Krishnan
                                                        Additional Government Pleader

                                                      ORDER

Mr.M.R.Gokul Krishnan, learned Additional Government Pleader

takes notice on behalf of the Respondent.

2. The above Writ Petition is filed for a Mandamus to consider the

Petitioners representation dated 13.03.2023 for surveying the land and

sub dividing the property in S.F.No.324/1 measuring an extent of 3.25.0

Hectares and S.No.324/2 (Old S.No.31) measuring an extent of 0.10.0

Hectares in Kottamalam Village Taluk, Erode District as per Judgment and

Decree dated 16.09.2013 in O.S.No.40 of 2013.

3. The Petitioners are aggrieved that the survey has not taken place

despite the Order of the Court.

4. Heard the learned counsel on either side.

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

5. Considering the request of the Petitioners and also the fact that the

Petitioners have made their representation as early as on 13.03.2023, a

mandamus is issued to the Respondent to conduct survey and subdivision of

the petition mentioned property. The Petitioners shall submit all the relevant

records to show their title to the property and the Respondent shall, after

issuing notice to the adjacent land owners and interested parties, hold on

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 six (6) weeks from the date of receipt of a copy of this

Order.

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

Consequently, connected Miscellaneous Petition is closed.

04.11.2024

Index : Yes/No Speaking/Non-speaking Order Neutral Citation :Yes/No rgm

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

P.T.ASHA, J.

rgm

To

Tahsildhar, Sathyamangalam Taluk, Erode District.

and

04.11.2024

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