K.Periyaalwar v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR K.Periyaalwar ... Petitioner Vs.

1.The Tahsildar, Thirupparankundram Taluk, 2.The Firka Surveyor, Thirupparankundram Taluk Office, 3.The Inspector of Police, V1 Thirupparankundram Police Station, Thirupparankundram, Madurai.

... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 & 2 to conduct the survey of the petitioner's house site comprised in Old Survey No.216/6, Resurvey No.216/6A1A situated at

Thirupparankundram Village, Madurai District as per the E-Challan remitted on 22.04.2025 and fix the four boundaries within a time frame that may be stipulated by this Court.

For Petitioner : Mr.R.R.Kannan For R1 & R2 : Mr.A.Baskaran Additional Government Pleader For R3 : Mr.M.Vaikkam Karunanithi Government Advocate

ORDER

The petitioner herein seeks a direction to the respondents 1 and 2 to conduct survey of the house comprised in Old Survey No.216/6, Resurvey No.216/6A1A situated at Thirupparankundram Village, Madurai District.

2.Heard the arguments of Mr.R.R.Kannan, learned counsel appearing for the petitioner, Mr.A.Baskaran, learned Additional Government Pleader appearing for the respondents 1 and 2 and Mr.M.Vaikkam Karunanithi, learned Government Advocate appearing for

the third respondent. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself. 3.It is the case of the petitioner that the subject property was purchased by the petitioner's wife, Indirani, under a registered sale deed dated 06.12.1987. The petitioner's wife died on 08.03.2025 and the petitioner, who is one of the legal heirs, is entitled to the subject property. Therefore, the petitioner submitted a representation before the respondents seeking survey of the property along with E-challen for payment of Rs.800/-. The same has not been considered. Hence, the petitioner has come before this Court.

4.The learned Additional Government Pleader appearing for the respondents 1 and 2 would submit though the petitioner has made a payment of Rs.800/- and obtained challan, he has not filed an online application for survey. If proper application is made through online for survey of the subject property, the same will be considered in accordance with law.

5.In view of the said submission made by the learned Additional Government Pleader, the petitioner is directed to file a proper online application with proper description of the property, within a period of two weeks from the date of receipt of a copy of this order. If any such online application is filed within the time stipulated, the respondents 1 and 2 are directed to consider the same and pass final orders on its own merits, within a period of eight weeks from the date of receipt of the application, after issuing notice to the petitioner and other interested parties, if any. Accordingly, this Writ Petition is disposed of. No costs. 05.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To 1.The Tahsildar, Thirupparankundram Taluk,

2.The Firka Surveyor, Thirupparankundram Taluk Office, 3.The Inspector of Police, V1 Thirupparankundram Police Station, Thirupparankundram, Madurai.

S.SOUNTHAR ,J cp W.P.(MD)No.15271 of 2025 Dated: 05.06.2025