Tamilarasan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2025

CORAM

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

1.The Tahsildar, Office of the Tahsildar, Watrap Taluk, Virudhunagar District.

2.The Head Surveyor, Office of the Tahsildar, Watrap Taluk, Virudhunagar District.

3.Karuppasamy 4.Sundaramoorthy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents no.1 and 2 to survey the land in connection with Survey Nos.176/1 and 176/5 situated at Vadugapatti Village, Watrap Taluk, Virudhunagar District with police protection at the time of survey the land by considering the petitioner's application No.2025/0123/26/006865, dated 24.03.2025 within time framed as fixed by this Court.

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For Petitioner :Mr.D.S.Haroon Rasheed For R1 and R2 :Mr.M.Lingadurai Special Government Pleader *****

O R D E R

The petitioner seeks for issuance of a Writ of Mandamus to direct the respondents 1 and 2 to conduct survey based on the petitioner's application, dated 24.03.2025.

2.Heard Mr.D.S.Haroon Rasheed, learned Counsel appearing on behalf of the petitioner and Mr.M.Lingadurai, learned Special Government Pleader appearing on behalf of the respondents 1 and 2. By consent both parties, considering the limited relief sought for by the petitioner, this Writ Petition is taken up for final disposal at the admission stage.

3.The learned Special Government Pleader appearing on behalf of the respondents 1 and 2 would submit that the petitioner's application, dated 24.03.2025, can be considered subject to the petitioner producing no objection certificate from the other co-pattadhars or alternatively, 2/5

notices will be issued to all the other co-pattadhars and survey would be conducted in their presence subject to they having no objection for the survey based on the petitioner's application. 4.Recording the submission made by the learned Special Government Pleader, the Writ Petition is disposed of directing the first respondent to issue notice to all interested parties about the proposed survey and after satisfied with the objections, if any, of the interested parties, the first respondent, with the assistance of the second respondent, shall conduct the survey and shall dispose of the petitioner's survey application, dated 24.03.2025, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Index :Yes / No 16.04.2025 Internet :Yes / No NCC :Yes / No cmr 3/5

To 1.The Tahsildar, Office of the Tahsildar, Watrap Taluk, Virudhunagar District.

2.The Head Surveyor, Office of the Tahsildar, Watrap Taluk, Virudhunagar District.

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P.B.BALAJI, J.

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