V.Palaniappan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2025

CORAM:

THE HON'BLE MR. JUSTICE S.SOUNTHAR W.P.(MD).No.16238 of 2025 V.Palaniappan ... Petitioner Vs.

1. The Tahsildar, Karaikudi Taluk, Sivagangai District.

2. The Town Surveyor, Karaikudi, Karaikudi Taluk, Sivagangai District.

3. The Inspector of Police, South Police Station, Karaikudi.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to survey and mark the boundaries in respect of the petitioner's property comprised in Survey No.251 having an extent of 2.89 cents and in Survey No.248/2E to an extent of 4.01 cents in Karaikudi Town, Ward No.14, Block No.5 in Railway Peter Road.

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For Petitioner : Mr.K.Kaleeswaran For R1 and R2 : Mrs.K.Malathi Additional Government Pleader For R3 : Mr.M.Vaikkam Karunanithi Government Advocate

ORDER

The petitioner herein seeks a direction to the respondents to survey and mark the boundaries in respect of the property comprised in Sl.No.251 and 248/2E with and extent of 2.89 cents and 4.01 cents situated at Karaikudi Town, Ward No.14, Block No.5 in Railway Peter Road.

2. Heard the learned counsel for the petitioner, Mrs.K.Malathi, learned Additional Government Pleader who takes notice for R1 & R2 and Mr.M.Vaikkam Karunanithi, learned Government Advocate who takes notice for R3.

3. By consent of both parties, the writ petition is taken up for final disposal at the stage of admission itself.

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4. According to the petitioner, he purchased the above mentioned property from one kothai vide registered sale deed dated 21.10.2022. Patta for the said property also stands in the name of the said Kothai. The petitioner submitted an application through online on 21.05.2025, seeking survey of the above mentioned property. The same has not been considered. Hence, the petitioner has come before this Court.

5. The learned Additional Government Pleader who takes notice for the respondents 1 and 2 submitted that the 1st respondent received an objection from the brother of the petitioner, therefore, survey could not be conducted.

6. In view of the same, without expressing any opinion on the merits of the matter, the respondents 1 and 2 are directed to consider the online application submitted by the petitioner dated 21.05.2025 and pass final orders on its own merits within a period of twelve (12) weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner, objectors and other interested parties, if any. 3/6

7. The writ petition is disposed of with the above observations and directions. No costs.

17.06.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To

1. The Tahsildar, Karaikudi Taluk, Sivagangai District.

2. The Town Surveyor, Karaikudi, Karaikudi Taluk, Sivagangai District.

3. The Inspector of Police, South Police Station, Karaikudi.

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S.SOUNTHAR , J.

rgm W.P.(MD).No.16238 of 2025 17.06.2025 6/6