V.Kannan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI V.Kannan .... Petitioner /Vs./

1. The Tahsildar Sivagangai Taluk Office, Sivagangai Taluk, Sivagangai District

2. The Head Surveyor Sivagangai Taluk Office, Sivagangai Taluk, Sivagangai District.

.... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to survey and measure the property of the petitioner comprised in S.No. 178 total extend of 2 acres and 2 cents at Karisam Pulivayal Sakkanthi Village , Pudupatti Group, Sivagangai Taluk, Sivagangai District as per the application dated 22.02.2025 within a reasonable time frame fixed by this Court.

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For Petitioner : Mr.V.Pandi For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

The petitioner seeks issuance of a Writ of Mandamus to direct the respondents to conduct a survey based on the petitioner's second application dated 22.02.2025 for survey, measurement and subdivision.

2. With the consent of the counsel on either side, the writ petition is taken up for final disposal at the admission stage.

3. I have heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents.

4. The petitioner's grievance is that even earlier, the petitioner has sought for the very same exercise and on failure of the respondents to conduct survey, the petitioner has approached this Court in W.P(MD)No. 23873 of 2024. This Court, disposed of the writ petition by an order dated 14.10.2024 directing the survey authorities to conduct survey 2/5

based on the petitioner's application. Alleging disobedience of the said order, the petitioner also filed a contempt petition in Cont.P(MD)No.89 of 2024. The said contempt application was disposed of on 28.01.2025 recording the submission of the parties that the order in W.P(MD)No. 23873 of 2024 had been complied with. Infact, the petitioner has also enclosed the communication issued by the first respondent stating that survey was already conducted in compliance with the orders of this Court in the earlier writ petition. However, the grievance and complaint of the petitioner is that, the respondents did not conduct a proper survey and survey reports were also not handed over to the petitioner. Therefore, the petitioner was constrained to make one more application on 22.02.2025 and also remitted the survey fees for survey and subdivision.

5. Considering the above, since the petitioner has made a fresh application for survey on 22.02.2025, the first respondent shall conduct a survey based on the petitioner's second application dated 22.02.2025 and pass final orders, in the presence of the petitioner and any other interested parties. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. 3/5

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

Index : Yes / No NCC : Yes / No 17.03.2025 am To

1. The Tahsildar Sivagangai Taluk Office, Sivagangai Taluk, Sivagangai District

2. The Head Surveyor Sivagangai Taluk Office, Sivagangai Taluk, Sivagangai District.

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P.B. BALAJI , J.

am Order made in Dated:

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