Madras High CourtWP(MD)/4332/2025disposed of

K.Shanmugamurthi v. The Tahsildar

2025-02-19Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI K.Shanmugamurthi .... Petitioner /Vs./ 1.The Tahsildar, Kodaikanal Taluk, Dindigul District.

2.The Taluk Surveyor, Kodaikanal Taluk, Dindigul District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to conduct survey, measurement and fix boundaries to the petitioner's property as per the online application dated 29.01.2025 in accordance with the registered sale deed dated 21.10.2024.

For Petitioner : Mr.Appadurai For Respondents : Mr.S.Kameswaran Government Advocate 1/4

ORDER

With the consent of the parties, the writ petition itself is taken up for final disposal at the admission stage.

2. I have heard the learned counsel appearing on either side.

3. The petitioner has sought for survey pursuant to his purchase of subject property on 21.10.2024. An online application has been made only on 29.01.2025, wrongly mentioned as 29.01.2015 in the affidavit in support of the writ petition as well as in the writ petition prayer. However, considering the fact that the application is of very recent origin, the respondents should be granted sufficient time to act on the same. Though the prayer contains the typographical error, and the application is also of recent origin, I am not inclined to dismiss the writ petition on this ground. It would suffice to issue a direction to the respondents granting them sufficient time to act on the petitioner's application dated 29.01.2025. The respondents shall conduct a survey within a period of sixteen weeks from the date of receipt of a copy of this order and pass orders on the petitioner's application. If the respondents 2/4

require the presence of the any other interested third parties, notice shall be served upon them before the survey.

4. With the above direction, the writ petition is disposed of. No costs.

Index : Yes / No NCC : Yes / No 19.02.2025 am To 1.The Tahsildar, Kodaikanal Taluk, Dindigul District.

2.The Taluk Surveyor, Kodaikanal Taluk, Dindigul District.

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P.B. BALAJI , J.

am Order made in Dated:

19.02.2025 4/4