Madras High CourtWP(MD)/13285/2025disposed of

Arul John Lenin v. The Tahsildar

2025-04-29Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI WP(MD)No.13285 of 2025 Arul John Lenin Represented by his Power Agent, P. Arul Arasu ... Petitioner Vs.

1. The Tahsildar Killiyoor Taluk, Kanyakumari District.

2. The Taluk Surveyor Killiyoor, Kanyakumari District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to survey the property in re-survey No.560/3A situated in EnayamPuthenthurai Village, Killiyoor Taluk, Kanyakumari District, measuring extent of 0.24.0 ares in pursuant to the application dated 05.06.2024. For Petitioner : Mr.K.Jeyamohan For Respondents : Mr.M.Lingadurai Special Government Pleader 1/4

ORDER

Heard the learned counsel on either side.

2. Though the petitioner seeks issuance of writ of mandamus, to direct the respondents 1 and 2, to survey the petitioner's property, based on the application dated 05.06.2024, the learned Special Government Pleader would submit that the survey was already conducted and application has been closed. However, the said contention was refuted by the learned counsel for the petitioner and states tat though officials attempted to survey, in view of objections raised by the neighbouring owners, surveyor could not be conducted. However, this is not stated in the affidavit in support of the writ petition.

3. Considering the above, this Writ Petition is disposed of, giving liberty to the petitioner to make a fresh online application seeking for survey, after remitting necessary charges, within a period of two weeks from the date of receipt of a copy of this order. On such application being made, the respondents 1 and 2 shall proceed to dispose of the said survey 2/4

application by conducting survey and after giving notice to the adjoining land owners and disposing all their objections, if any, in the manner known to law. The said exercise shall be carried within a period of twelve weeks thereafter. It is made clear that, under the guidelines for the survey, there shall be no dispossession of any person in settled possession of the subject lands. There shall be no order as to costs. 29.04.2025 Internet : Yes/No NCC : Yes/No LS To

1. The Tahsildar Killiyoor Taluk, Kanyakumari District.

2. The Taluk Surveyor Killiyoor, Kanyakumari District.

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P.B. BALAJI , J.

LS Order made in Dated:

29.04.2025 4/4