Esakkiyah Pandian v. The Tahsildar,
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 20.06.2025
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR Esakkiyah Pandian ... Petitioner Vs
1. The Tahsildar, Thisayanvilai Taluk, Tirunelveli District.
2. The Taluk Surveyor, Thisayanvilai Taluk, Tirunelveli District.
3. Kurus Alexander ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to measure, fix four boundaries and to erect boundary stones by surveying the properties in Survey Nos.92/2A and 92/2B with an extent of 2 acres 75 cents situated at Kumarapuram Village, Radhapuram Taluk, Tirunelveli District by following the provisions of the Tamil Nadu Survey and Boundaries Act, 1923.
For Petitioner : Mr.D.Venkatesh For Respondents : Mr.A.Baskaran, Addl. Govt. Pleader for R1 & R2 1/6
O R D E R
The petitioner herein seeks a direction to the respondents to survey the property situate in Survey Nos.92/2A and 92/2B with an extent of 2 acres 75 cents in Kumarapuram Village, Radhapuram Taluk, Tirunelveli District.
2. Heard the arguments of Mr.D.Venkatesh, learned counsel for the petitioner and Mr.A.Baskaran, learned Additional Government Pleader, who takes notice for the respondents 1 and 2. Since no adverse order is going to be passed against the third respondent, notice to him is dispensed with.
3. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
4. According to the petitioner, the subject property originally belonged to the third respondent and he sold the same in favour of one Madasamy under a registered sale deed dated 10.05.2010. Subsequently, the said Madasamy executed a registered power deed in favour of petitioner on 18.12.2013 empowering the petitioner to deal with the 2/6
property. Based on the same, the petitioner submitted a representation before the respondents on 14.06.2023, seeking survey of the property. The same has not been considered. Hence, the petitioner has come before this Court.
5. The learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that the patta for the subject property stands in the name of 18 persons including the third respondent. Therefore, there is some difficulty in considering the request of the petitioner. He also submitted that the petitioner failed to file any online application.
6. In view of the same, the petitioner is directed to file proper online application before the first respondent within a period of two (2) weeks from the date of receipt of a copy of this order. On receipt of such online application, the first respondent shall consider the same and pass final orders within a further period of sixteen (16) weeks from the date of receipt of online application, after issuing notice to the petitioner, petitioner's principal viz., Madasamy, the third respondent and the copattathars as per the revenue records. 3/6
7. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
20.06.2025 vsm Index: Yes/No Internet: Yes/No 4/6
To
1. The Tahsildar, Thisayanvilai Taluk, Tirunelveli District.
2. The Taluk Surveyor, Thisayanvilai Taluk, Tirunelveli District.
5/6
S.SOUNTHAR, J.
vsm W.P (MD) No.16726 of 2025 20.06.2025 6/6