Paramasivam K v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI K.Paramasivam ... Petitioner Vs.

1.The Tahsildar, Sivakasi Taluk, Sivakasi, Virudhunagar District.

2.The Taluk Surveyor, Sivakasi Taluk, Sivakasi, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents 1 and 2 herein to survey and demarcate the petitioner's land in Survey No.322/4 to an extent of 1000 square feet (2.30 cents) at Viswanatham Village, Sivakasi Taluk, Virudhunagar District, based on his online application dated 08.01.2025. For Petitioner :

Mr.P.Pratheesh For Respondents :

Mr.C.Satheesh Government Advocate 1/5

O R D E R

The petitioner has sought for issuance of survey and demarcation of lands in Survey No.322/4 measuring an extent of 1000 square feet (2.30 cents) at Viswanatham Village, Sivakasi Taluk, Virudhunagar District.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

3. The petitioner has made an online application on 08.01.2025 and seeks expeditious disposal of the said application.

4. The learned Government Advocate would submit that the petitioner has been found to be in possession of different survey numbers altogether in respect of which patta is mutated to third parties and it is not standing in the name of the writ petitioner. Further Survey No.322/4 in respect of which survey sought for has been classified as Government Poramboke. 2/5

5. In view of the above, before conducting survey and demarcation at the request of the petitioner, the 1st respondent is directed to conduct an enquiry, after affording an opportunity to the petitioner to establish his entitlement to survey in terms of his application, dated 08.01.2025 and pass final orders on the same before taking a call with regard to accepting or rejecting request for survey. The said enquiry shall be concluded within a period of eight (8) weeks from the date of receipt of copy of this order and if the petitioner is found to be entitled to survey, the same shall be carried out within a period of twelve (12) weeks thereafter.

6. With the above directions, this Writ Petition stands disposed of. No costs.

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To:

1.The Tahsildar, Sivakasi Taluk, Sivakasi, Virudhunagar District.

2.The Taluk Surveyor, Sivakasi Taluk, Sivakasi, Virudhunagar District.

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P.B.BALAJI , J.

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