R.Saminathan v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.29830 of 2024 R.Saminathan

...Petitioner

Vs.

1. Thasildar, Karimangalam Taluk, Dharmapuri District.

2. The Head Surveyor, Karimangalam Taluk, Dharmapuri District.

3. Deivanai

4. H.M.Sampath

5. Kalaiarasan

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to survey the petitioner's property comprised in S.No.563/10A now subdivided as S.No.563/10A1 measuring to an extent of 3930 sq.ft. situated at 1/5

Karimangalam Village (Ward - 10), Karimangalam Taluk, Dharmapuri District by considering the petitioner's representation dated 04.09.2024 within a stipulated period.

For Petitioner : Mr.M.Mohamed Riyaz For Respondents : Mr.A.Selvendran R1 & R2 Special Government Pleader

O R D E R

The petitioner herein seeks a direction to the respondents 1 & 2 to survey his property situated in S.Nos.563/10A and 563/10A1 measuring to an extent of 3930 sq.ft., situated at Karimangalam Village, (Ward-10), Karimangalam Taluk, Dharmapuri District, by considering his representation dated 04.09.2024.

2. It is the case of the petitioner that he purchased the above mentioned property under a registered sale deed dated 07.11.2020 from one Ramasamy. The said Ramasamy purchased the said property vide sale deed dated 16.03.1998 from the respondents 3 to 5. The petitioner submitted a 2/5

representation before the first respondent seeking survey of the property purchased by him and issuance of separate patta in his name and the same has been opposed by the private respondents 3 to 5. Therefore, the petitioner's representation same has not been considered. Hence, the petitioner is before this Court.

3. Mr.A.Selvendran, learned Special Government Pleader, who takes notice for the respondents 1 & 2 would submit that if the petitioner files online application and pay necessary charges, the same will be considered, within a time frame fixed by this Court.

4. In view of the same, without going into the merits of the claim made by the petitioner, he is directed to submit online application for survey of the property and issuance of separate patta and pay necessary charges within a period of two weeks from the date of receipt of copy of this order. If any such online application is made within a period of two weeks, the same shall be considered by the first respondent in accordance with law and final order shall be passed, on its own merits, within a further period of 8 weeks from the date of receipt of such online application, after issuing necessary notice to the 3/5

petitioner and the respondents 3 to 5.

5. With the above direction, this Writ Petition is disposed of. No costs.

15.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna To 1.The Thasildar, Karimangalam Taluk, Dharmapuri District.

2. The Head Surveyor, Karimangalam Taluk, Dharmapuri District.

4/5

S.SOUNTHAR , J.

dna 15.10.2024 5/5