Madras High CourtWP(MD)/3553/2025disposed of

P.Pandi v. The Tahsildar

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 P.Pandi ... Petitioner Vs

1. The Tahsildar, Periyakulam Taluk, Periyakulam, Theni District.

2. The Taluk Surveyor, Periyakulam Taluk, Periyakulam, Theni District.

3. K. Pitchaiyammal ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st and 2nd respondents to survey and demarcate the petitioner's land in patta No. 940 in Survey No. 964/29 in an extent of 1.16 Ares (3 Cents) situated at Kullapuram Village, Periyakulam Taluk, Theni District, based on the petitioner online application the E-Challan in Challan No. 20240318007781, dated 18.03.2024.

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

ORDER

The petitioner seeks limited prayer of direction to the respondents 1 and 2 to survey and demarcate the land in patta No. 940 in Survey No. 964/29 measuring 1.16 Ares (3 Cents) at Kullapuram Village, Periyakulam Taluk, Theni District.

2. Considering the limited prayer sought for in the writ petition, the writ petition itself is taken up for final disposal with the consent of the parties.

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

4. The petitioner has made an online application on 18.03.2024 to conduct survey. He has also remitted the requisite charges. It appears that the 3rd respondent has filed a suit in O.S.No.62 of 2024 on 2/5

the file of District Munsif, Periyakulam on 15.07.2024. The said suit has been instituted much after the application made by the petitioner and in any event, there is no interim stay preventing the survey to be conducted. 5.In view of the above, respondents 1 and 2 are directed to conduct survey and pass orders on the petitioner's application, dated 18.03.2024 within a period of eight weeks from the date of receipt of a copy of this order and if necessary, respondents 1 and 2 may request the jurisdictional police to provide sufficient police protection at the time of survey. The 3rd respondent shall also be put on notice about the survey.

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

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

TO:-

1. The Tahsildar, Periyakulam Taluk, Periyakulam, Theni District.

2. The Taluk Surveyor, Periyakulam Taluk, Periyakulam, Theni District.

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P.B. BALAJI , J.

PNM ORDER IN 07.02.2025 5/5