M.Perumal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR M.Perumal ...

Petitioner Vs 1 The District Collector, Thoothukudi District.

2 The Tahsildhar, Thoothukudi.

3 The Taluk Surveyor, Taluk Office, Thoothukudi.

...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents to measure the land in Survey No.151/2A1 in Patta No.1831, situated at Maapillaiyurani Village, Thoothukudi District, based on the petitioner's application, dated 30.09.2022.

For Petitioner :

Mr.S.Ramasamy For Respondents : Mrs.K.Malathi, Addl. Govt. Pleader.

ORDER

The petitioner herein seeks a direction to the respondents to measure his property situated in Survey No.151/2A1 in Patta No.1831, at Maapillaiyurani Village, Thoothukudi District, by considering his application, dated 30.09.2022.

2. Heard Mr.S.Ramasamy, learned counsel for the petitioner; and Mrs.K.Malathi, learned Additional Government Pleader, for the respondents. With the consent of both the counsel, the Writ Petition is taken up for final disposal at the stage of admission.

3. According to the petitioner, the above mentioned property belongs to him and patta for the said property was issued in his name and one Thottiyaraj vide Patta No.1831. The petitioner submitted an application on 30.09.2022, seeking survey of the property covered by patta No.1831. The petitioner also paid necessary survey charges, as seen from the challan enclosed in the typed set of papers. The application of the petitioner for survey of the property has not been considered. Hence, he is before this Court.

4. The learned Additional Government Pleader submits that the petitioner failed to submit any document to substantiate his right over the property and, therefore, the application of the petitioner has not been considered.

5. If the petitioner failed to submit the documents to substantiate his right over the property, it is for the respondents to issue notice to the petitioner, calling upon him to produce the documents in his favour. However, the respondents are not entitled to keep the application pending without any decision.

6. In these circumstances, the petitioner is directed to produce a copy of the patta and other documents in his name before the second respondent within two weeks from the date of receipt of copy of this order. On production of the documents, the second respondent shall consider the application submitted by the petitioner, dated 30.09.2022, and pass final orders on its own merits within a period of eight weeks thereafter, after issuing notice to the petitioner and other interested parties.

7. Writ Petition is disposed of accordingly. No costs. 09.06.2025

NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit To:

1 The District Collector, Thoothukudi District.

2 The Tahsildhar, Thoothukudi.

3 The Taluk Surveyor, Taluk Office, Thoothukudi.

S.SOUNTHAR, J.

dixit 09.06.2025