Sowndharam v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR Sowndharam ... Petitioner Vs.
1.The District Collector, Sivagangai District, Sivagangai.
2.The Tahsildar, Karaikudi Taluk, Sivagangai District.
3.The Head Surveyor, Karaikudi Town, Sivagangai District.
... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 2 & 3 herein to survey the properties comprised in Old Survey Nos.249/17A, 249/17B, 249/17C and 249/17D, to an extent of 39.1 cents, situated at Kallal Group & Village, Karaikudi Taluk, Sivagangai District, based on
the petitioner's representation dated 07.03.2022, within a time stipulated by this Court.
For Petitioner : Mr.A.Arputharaj For Respondents : Mrs.S.Jeya Priya Government Advocate
ORDER
The petitioner herein seeks a direction to the respondents to survey the property situated in Old Survey Nos.249/17A, 249/17B, 249/17C and 249/17D, with an extent of 39.1 cents, in Kallal Group & Village, Karaikudi Taluk, Sivagangai District, by considering his representation dated 07.03.2022.
2.Heard the arguments of Mr.A.Arputharaj, learned counsel appearing for the petitioner and Mrs.S.Jeyapriya, learned Government Advocate appearing for the respondents. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself. 3.According to the petitioner, he purchased 49 cents of land in the
above mentioned survey numbers under a registered sale deed dated 28.06.1980. Subsequently, he sold 9.9 cents of land in favour of one Vasanthakumari. Now, the petitioner is entitled to only 39.1 cents in the above mentioned survey numbers. He submitted an application before the respondents seeking survey of the land on 13.12.2021 and the same has not been considered. Therefore, he submitted a representation on 07.03.2022 seeking survey of the land along with challan for payment of the fee. Till date, the same has not been considered. Hence, the petitioner has come before this Court.
4.The learned Additional Government Pleader appearing for the respondents would submit that the petitioner has not filed an online application and acknowledgment for having submitted the application. 5.In view of the said statement made by the learned Additional Government Pleader appearing for the respondents, the petitioner is directed to produce the acknowledgement for submitting the online application before the second respondent within a period of two weeks from the date of receipt of a copy of this order. On such production of
acknowledgment, the respondents 2 and 3 shall consider the application of the petitioner for survey of the above mentioned land and pass final orders on its own merits, within a period of eight weeks from the date of receipt of the acknowledgement, after issuing notice to the petitioner and other interested parties. Accordingly, this Writ Petition stands disposed of. No costs.
06.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To 1.The District Collector, Sivagangai District, Sivagangai.
2.The Tahsildar, Karaikudi Taluk, Sivagangai District.
3.The Head Surveyor, Karaikudi Town, Sivagangai District.
S.SOUNTHAR ,J cp W.P.(MD)No.5444 of 2022 Dated: 06.06.2025