Veeranan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI Veeranan ... Petitioner vs.

1.The Tahsildar, Madurai East Taluk, Madurai District.

2.The Taluk Surveyor, Madurai East Taluk, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents herein to survey and demarcate the petitioner's land in Patta No.876 comprised in S.No.39/1A1 in an extent of 0.03.06 ares, in S.No.39/1B3 in an extent of 0-10.50 ares, in S.No. 40/6A2 in an extent of 0-2.50 ares and in S.No.47/13B in an extent of 0-7.50 total 0-23.56 ares situated at Kallandiri Bit 2, Madurai East Taluk, Madurai District based on his online application dated 31.01.2025 and his representation dated 19.02.2025.

For Petitioner : Mr.M.Maran 1/5

For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

Considering the limited scope of the relief sought for in the writ petition, with the consent of the learned counsel on either side, the writ petition is taken up for final disposal at the stage of admission itself. 2.The petitioner has filed this writ petition seeking issuance of a writ of mandamus to direct the respondents to survey the petitioner's property, based on his application dated 31.01.2025. The petitioner followed it up with a representation on 19.02.2025.

3.Heard the learned counsel on either side.

4.The petitioner, with an intention to fence and secure his property, has sought for survey and made an application on 31.01.2025. He has followed it up with the representation on 19.02.2025 and he seeks expeditious disposal of the said survey application.

5.The learned Special Government Pleader appearing for the official 2/5

respondents would point out from the typed set of papers that the joint patta was issued in the name of the petitioner as well as his brother and therefore, if consent of the petitioner's brother or brother's family is given, the application would be suitably processed.

6.The learned counsel for the petitioner submits that since his brother passed away, he will be in a position to get 'No objection certificate' from the legal heirs of the deceased brother and submit the same to the survey authorities before the survey is conducted.

7.In view of the above, this Writ Petition is disposed of in the manner following:

(i) The petitioner shall provide the consent affidavit from the legal heirs of the deceased brother, Malayalam S/o Karuppanan, within a period of two weeks from the date of receipt of a copy of this order;

(ii) On such consent affidavit, expressing no objection for 3/5

survey being furnished by the petitioner, the respondents shall proceed to conduct survey based on the petitioner's application dated 31.01.2025;

(iii) The said exercise shall be carried out within a period of eight weeks thereafter.

No costs.

13.03.2025 sji NCC: Yes/No Index : Yes / No Internet : Yes / No To 1.The Tahsildar, Madurai East Taluk, Madurai District.

2.The Taluk Surveyor, Madurai East Taluk, Madurai District.

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P.B.BALAJI , J.

sji 13.03.2025 5/5