P.Alagarsamy v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.13600 of 2025 P.Alagarsamy ... Petitioner .Vs.

1.The Tahsildar, Thiruchuli Taluk, Virudhunagar District.

2.The Firka Surveyor, Thiruchuli, Thiruchuli Taluk, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to iissue a Writ of Mandamus directing the respondents to survey and fix the boundaries for the Petitioner's land to an extent of 5.5. cents situated in S.No. 88/25 and 89/3, Old S.No.6/1Pa,Seelampatti Village, Thiruchuli Taluk,Virudhunagar District as per the sale deed in Document NO.2363 of 1954, dated 9.8.1954, on the file of Sub-Registrar Office, Thiruchuli based on the Petitioner's representation and fee remittance dated 7.3.2023 within the time limit stipulated by this Court.

For Petitioner : Mr.M.Raja Ravi Varma 1/5

For Respondents : Mr.M.Gangadharan Govt. Advocate

O R D E R

The Petitioner herein seeks a direction to the respondents to survey his land situated in S.No.88/25 and 89/3, Old S.No. 6/1Pa,Seelampatti Village, Thiruchuli Taluk,Virudhunagar District as per the sale deed in Document NO.2363 of 1954, dated 9.8.1954, on the file of Sub-Registrar Office, Thiruchuli based on the Petitioner's representation and fee remittance dated 7.3.2023. 2.It is seen from the e-challan issued to the Petitioner, he applied for survey of the above said land on 7.3.2023 and remitted the necessary fees. Since his request was not considered, the Petitioner has filed this Writ Petition.

3.Mr.M.Gangadharan, learned Government Advovate, who takes notice for the respondents 1 and 2, on written instructions, submitted that when the first respondent wanted to survey the property based on the FMB Sketch, the Petitioner objected the same and insisted to survey the property based on his original documents. Since there is discrepancy in the extent between the title document of the Petitioner and the FMB Sketch, the first 2/5

respondent could not survey the Petitioner's property. 4.In view of the submission made by the learned Government Advocate appearing for the respondents 1 and 2, this Court is inclined to direct the first respondent to consider the representation of the Petitioner, dated 7.3.2023 and pass final orders on its own merits, after issuing notice to the Petitioner and neighbouring land owners within a period of 12 weeks from the date of receipt of a copy of this order.

5.With the above direction, the Writ Petition stands disposed of. No costs.

02.06.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The Tahsildar, Thiruchuli Taluk, Virudhunagar District.

2.The Firka Surveyor, Thiruchuli, Thiruchuli Taluk, Virudhunagar District.

3/5

S.SOUNTHAR.,J.

vsn ORDER MADE IN 4/5

W.P(MD)No.13600 of 2025 02.06.2025 5/5