Malarvizhi vs The Tahsildar
2024 Latest Caselaw 19682 Mad

Madras High Court

Malarvizhi vs The Tahsildar on 19 October, 2024

Author: P.T.Asha

Bench: P.T.Asha

                                                                            W.P.(MD) No.24635 of 2024



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 19.10.2024

                                                     CORAM:

                                   THE HONOURABLE MS.JUSTICE P.T.ASHA

                                            W.P.(MD) No.24635 of 2024

                     Malarvizhi                                               .. Petitioner

                                                         Vs.

                     The Tahsildar,
                     Ponnamaravathy Taluk,
                     Pudukkottai District.                                    .. Respondent

                     Prayer: Petition filed under Article 226 of the Constitution of India,
                     praying for issuance of Writ of Mandamus, directing the respondent to
                     survey and demarcate the boundaries of property situated in Survey No.
                     414/9, Ponnamavarathy East Revenue Village, Ponnamaravathy Taluk,
                     Pudukkottai District, corresponding to Patta No.3330, within the time
                     that may be stipulated by this Court.

                                   For Petitioner    :       Mr.M.Mahaboob Athiff

                                   For Respondent    :       Mr.B.Saravanan
                                                             Additional Government Pleader




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                                                                                   W.P.(MD) No.24635 of 2024




                                                            ORDER

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

survey and demarcate the boundaries of property situated in Survey No.

414/9 at Ponnamavarathy East Revenue Village, Ponnamaravathy Taluk,

Pudukkottai District, corresponding to Patta No.3330.

2. The case of the petitioner is that the petition mentioned property

was gifted to her by her husband under a registered settlement deed. The

patta was also stand in her name. She would further submit that she had

filed a suit in O.S.No.53 of 2013 for declaration of title and the same was

decreed in her favour by a judgment and decree, dated 18.01.2019. On

30.09.2024, the petitioner had made an application and had paid

necessary fees for conducting survey in the said property. Since no

further action has been taken on the side of the respondents, the

petitioner is before this Court.

3. Heard the learned counsel on either side.

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4. Considering the request of the petitioner and also the fact that

the petitioner has made her representation in September, 2024, a

Mandamus is issued to the respondent 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

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 three (3) months from the

date of receipt of a copy of this order.

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

costs.

19.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg

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P.T.ASHA, J.

gbg To

The Tahsildar, Ponnamaravathy Taluk, Pudukkottai District.

19.10.2024

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