M.Chellappa v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR 1.M.Chellappa 2.C.Velammal ... Petitioners Vs.
1.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.
2.The Head Surveyor, Rajapalayam Taluk, Virudhunagar District.
... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the first respondent to conduct survey and demarcate the four boundaries of the petitioner's property situated in S.No.352/38 measuring to an extent of 344.445 sq.ft situated at Muthusubaiyapurathil, Settiyarpatti Village, Rajapalayam Taluk and Virudhunagar District, by considering the petitioner's
application dated 27.02.2025 within the time fixed by this Court. (Prayer amended vide Court order dated 04.06.2025 in W.M.P(MD) No. 11549 of 2025) For Petitioners : Mr.D.Ramki For R1 & R2 : Mr.A.Baskaran Additonal Government Pleader
ORDER
This writ petition has been filed seeking a direction to the first respondent to conduct survey of the petitioners' property situated in Survey No.352/38, measuring an extent of 344.445 Sq.ft, in Muthusubaiyapurathil, Settiyarpatti Village, Rajapalayam Taluk, Virudhunagar District, by considering his application dated 27.02.2025. 2.Heard the arguments of Mr.D.Ramki, learned counsel appearing for the petitioners and Mr.A.Baskaran, learned Additional Government Pleader appearing for the respondents 1 and 2. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.
3.The petitioners herein claim rights over the subject property under the Natham Nilavari Patta issued to him in Patta No.874, which is included in the typed set of papers. The first petitioner submitted an online application before the first respondent on 27.02.2025, seeking survey of the above mentioned property in application No. 2025/0123/26/006309.
4.A perusal of the application submitted by the first petitioner would indicate that he failed to mention the correct subdivision in the application. However, it is clearly mentioned that the first petitioner has already paid a survey charges of Rs.860/-. Therefore, the petitioners are directed to submit a fresh application giving the correct survey number, including the subdivision, within a period of two weeks from the date of receipt of a copy of this order. On such application, the first respondent shall consider the same and pass final orders on its own merits, within a period of eight weeks from the date of receipt of a copy of the application, after issuing notice to the petitioners and neighbouring land owners. It is made clear that the first petitioner has already paid the survey charges. Therefore, the first respondent shall not insist fresh
payment. If the survey charges is more than Rs.860/- already paid by the first petitioner, it is open to the first respondent to make a demand to that effect. Accordingly, this Writ Petition is disposed of. No costs. 04.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To 1.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.
2.The Head Surveyor, Rajapalayam Taluk, Virudhunagar District.
S.SOUNTHAR ,J cp W.P.(MD)No.13049 of 2025 Dated: 04.06.2025