L.Chandra v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI L.Chandra ... Petitioner Vs

1. The Tahsildar, Killiyoor Taluk, Kanyakumari District.

2. The Head Surveyor, Killiyoor Taluk, Kanyakumari District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents no.1 to 2 to survey, demarcate and record the boundaries of petitioners property situated in Re-Survey No. 332/1A1A1, Medhukummal Village, Killiyoor Taluk, Kanyakumari District on the basis of the payment being made for survey before the 1st respondent dated 26.02.2025 and in the light of the description of boundaries as indicated in the petitioner's sale deed dated 25.08.2000 as expeditiously as possible.

For Petitioner : Mr.R.Anand 1/5

For Respondents : Mrs.K.Malathy Additional Government Pleader

ORDER

The petitioner seeks issuance of a writ of Mandamus to conduct survey based on his application, dated 26.02.2025. 2.Heard the learned counsel on either side and perused the materials available on record.

3.Considering the limited scope of the relief sought for by the petitioner and with the consent of learned counsel on either sides, this writ petition is taken up for final disposal. 4.The petitioner having purchased the subject property on 25.08.2000 has sought for survey to be conducted. It is the specific case of the petitioner that without impleading the petitioner as a party, a writ petition was filed in WP(MD) No.27638 of 2024 and without any intimation to the petitioner, it appears that survey was conducted behind 2/5

the back of the petitioner. Hence, the petitioner has sought for second survey to be conducted in accordance with law and in his presence. 5.The learned Additional Government Pleader appearing for the respondents would submit that the application seeking for survey has been made only on 26.02.2025 and if reasonable time is granted, survey would be conducted based on the petitioner's application, dated 26.02.2025.

6.Considering the fact that the petitioner has applied for the said survey only on 26.02.2025 and has rushed to the Court even before the expiry of 10 days, this writ petition is disposed of with a direction to the 1st respondent with the assistance of the 2nd respondent to conduct survey based on the petitioner's application, dated 26.02.2025 within a period of sixteen weeks from the date of receipt of copy of this order. No costs.

NCC : Yes / No 04.03.2025 Index : Yes / No PNM 3/5

TO:-

1. The Tahsildar, Killiyoor Taluk, Kanyakumari District.

2. The Head Surveyor, Killiyoor Taluk, Kanyakumari District.

4/5

P.B. BALAJI , J.

PNM ORDER IN 04.03.2025 5/5