Madras High CourtWP(MD)/2727/2025disposed of

Paramasivan v. The Tahsildar

2025-02-06Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Paramasivan ... Petitioner /Vs./

1. The Tahsildar Tahsildar Office, Cheranmahadevi Taluk, Tirunelveli District.

2. The Surveyor Cheranmahadevi Taluk, Tirunelveli District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent herein to measure the property and issue separate patta for the petitioner's property comprised in Survey No.368/5 situated at Thiruviruthapulli Part-2 Village, Cheranmahadevi Taluk, Tirunelveli District, by considering Application dated 31.07.2021 and 09.12.2024 and representation dated 28.12.2024 within time stipulated by this Court. 1/4

For Petitioner : Ms.Banumathy For Respondents : Mr.C.Satheesh Government Advocate

ORDER

Though the writ petitioner seeks issuance of Writ of Mandamus, to dispose of the application, the petitioner seeks survey of her land in Survey No.368/5in patta No.654.

2. However, on going through the sale deed, I find that the petitioner has only purchased a portion of the said Survey No.368/5 in Survey No.368/5F1E. The petitioner therefore, can be entitled to seek survey only in respect of the said survey number and not the entire survey number, which does not admittedly belong to the petitioner.

3. In view of the above, the Writ Petition is disposed of with liberty to the petitioner to make a fresh application for survey, giving correct particulars of the Survey number held by the petitioner and on such application being made, from the date of receipt of application, the 2/4

respondents 1 and 2 shall conduct survey and pass final orders within period of twelve (12) weeks thereafter. No costs. Index : Yes / No 06.02.2025 NCC : Yes / No LS TO:-

1. The Tahsildar Tahsildar Office, Cheranmahadevi Taluk, Tirunelveli District.

2. The Surveyor Cheranmahadevi Taluk, Tirunelveli District.

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P.B. BALAJI , J.

LS Order made in Dated:

06.02.2025 4/4