Madras High CourtWP(MD)/3543/2025disposed of

S.Saleem Sheik v. The Thasildar

2025-02-07Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI S.Saleem Sheik ... Petitioner Vs

1. The Tahsildar, Uthammapalayam Taluk Office, Uthamapalayam, Theni District.

2. The Surveyor, Uthamapalayam Taluk Office, Uthamapalayam, Theni District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to survey the petitioner's properties comprised in survey No.12/6, appepatti @ Alagapuri Village Chinnamanur Sub Division Uthamaplayam Taluk, Theni District to an extent of 92 cents and fix the boundaries on the basis of the petitioner's online applications No.2025/0123/25/003372, dated 01.01.2025 and 10.01.2025.

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For Petitioner : Mr.P.Banuprasath For Respondents : Mr.C.Satheesh (R1,R2) Government Advocate

ORDER

The petitioner seeks limited relief of issuance of writ of mandamus to direct the respondents 1 and 2 to conduct survey of the petitioner's property in pursuance of the petitioner's online applications, dated 01.01.2025 and 10.01.2025.

2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. I have heard the learned counsel appearing on either side and perused the materials placed before this Court.

4. The petitioner having purchased the property on 06.12.2024, requested the respondents to conduct survey. The said application was filed only on 01.01.2025. Therefore, the respondents ought to be given reasonable time to act on the petitioner's 2/5

representation. However, the petitioner has rushed to the Court, without even giving breathing time to the official respondents. However, I am not inclined to dismiss the petition on this ground, since the petitioner is entitled to a have survey conducted in furtherance of the request made on 10.01.2025.

5.In view of the above, the respondent shall conduct survey and pass final orders on the petitioner's applications, dated 01.01.2025 and 10.01.2025 within a period of 16 weeks from the date of receipt of a copy of this order.

6. Accordingly, the writ petition is disposed of with the above direction. No costs.

Index : Yes / No NCC : Yes / No 07.02.2025 PNM 3/5

TO:-

1. The Tahsildar, Uthammapalayam Taluk Office, Uthamapalayam, Theni District.

2. The Surveyor, Uthamapalayam Taluk Office, Uthamapalayam, Theni District.

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P.B. BALAJI , J.

PNM ORDER IN 07.02.2025 5/5