John Fernandas v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI Johnfernandas ... Petitioner Vs.

1.The Tahsildar, Kaalayarkovil Tauk, Sivagangai District.

2.The Firga Surveyor, Department of Land Survey, Kalyarkovil Taluk Office, Sivagangai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to carry out the appropriate survey and demarcate the boundaries of the petitioner's own land in Survey No.112/1E, (Patta No.570), to an extent of 0.40.00 hectare, and survey No.112/1C2, Patta No.571 to an extent of 0.7.00 hectare which are situated in Chamber Revenue Village, Kalayarkovil Taluk, Sivagangai District based on the petitioner's survey petition No.2024/0123/23/006045, dated 21.12.2024 within a stipulated time that may be fixed by this Court. 1/4

For Petitioner : Mr.R.Senthilkumar For Respondents : Mrs.S.Jeyapriya Government Advocate

ORDER

This writ petition has been filed by one of co-owners owning the subject land seeking expeditious disposal of the application dated 31.07.2023 and second application dated 21.12.2024.

2. Heard the counsel on either side. Considering the limited relief sought for in the writ petition, with the consent of both parties, this writ petition is taken up for final disposal.

3. The petitioner is the joint owner of subject land along with his brother, namely, John Britto. The petitioner and his brother have jointly applied for survey to be conducted of their lands and necessary payment was also made in that regard. Since no action was taken on the first application dated 31.07.2023, a second application was also made on 21.12.2024 along with applicable fees/ charges. Reminder was sent on 30.12.2024 to the first respondent and since even 2/4

thereafter no survey has been conducted, the present petition has been filed for issuance of writ of mandamus.

4. Considering the limited scope of the relief sought for, this Writ Petition is allowed with direction to the first and second respondents to conduct survey of the lands belonging to the petitioner and his brother, John Britto, based on the application dated 21.12.2024 and dispose of the same within a period of twelve

(12) weeks from the date of receipt of a copy of this order. No costs. 14.02.2025 Rmk NCC: Yes/No Index : Yes / No To 1.The Tahsildar, Kaalayarkovil Tauk, Sivagangai District.

2.The Firga Surveyor, Department of Land Survey, Kalyarkovil Taluk Office, Sivagangai.

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P.B.BALAJI , J.

Rmk 14.02.2025 4/4