Madras High CourtWP(MD)/14154/2023dismissed

Uikattan.M v. The Tahsildar

2023-06-16Honourable Mr Justice C.V. Karthikeyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN M.Uikattan ... Petitioner Vs.

1.The Tahsildar, Taluk Office, Thisaiyanvilai, Tirunelveli District.

2.The Head Surveyor, Taluk Office, Thisaiyanvilai, Tirunelveli District.

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to sub divided the petitioners properties are situated in Survey No. 52/2B, 52/3C, 55/3B, 55/3D, 53/1C and 53/8 at Kannanallur Village, Thisaiyanvilai Taluk, Tirunelveli District based on the petitioner application in 2022/0105/29/239772 dated 23.12.2022 and the CAN No. 133291611460509. 1/4

For Petitioner : M/s.S.Sivakumar Advocate.

For Respondents : Mr.J.Ashok Additional Government Pleader

ORDER

The Writ Petition has been filed in the nature of a Mandamus seeking a direction to the respondents to sub dive the property of the petitioner at Survey No. 52/2B, 52/3C, 55/3B, 55/3D, 53/1C and 53/8 at Kannanallur Village, Thisaiyanvilai Taluk, Tirunelveli District. The petitioner had given an application on 23.12.2022.

2. Even before the entering into a discussion on facts, an order dated 15.06.2023 passed by the first respondent / Tahsildar, Thisaiyanvilai in T.R.No. 2023/29/16/000155SD had been forwarded by the learned Additional Government Pleader. The petitioner has been the beneficiary of an order with respect to few survey numbers and his application with respect to few survey numbers have been rejected by the respondents.

3. This is an issue which have to be re-examined only by an appellate authority as provided. The petitioner is always at liberty to take necessary steps 2/4

to question this particular order, if the petitioner is aggrieved. The writ petition being filed only for mandamus and the application has already been addressed to the respondents, no issue arises for adjudication.

4. This writ petition is dismissed, granting liberty to the petitioner to file an appeal as against the order aforementioned. No costs. 16.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No pnn 3/4

C.V.KARTHIKEYAN, J.

pnn TO 1.The Tahsildar, Taluk Office, Thisaiyanvilai, Tirunelveli District. 2.The Head Surveyor, Taluk Office, Thisaiyanvilai, Tirunelveli District.

ORDER

IN WP(MD) No.14154 of 2023 16.06.2023 4/4