Madras High CourtWP(MD)/16324/2023disposed of

Sri Balamurugan Salt And Allied Manufactures v. The Thasildar

2023-07-11Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Sri Balamurugan Salt and Allied Manufactures, Thoothukudi, Rep.by its partner, Balamurugan ... Petitioner Vs.

1.The Thasildar, Vilathikulam Taluk, Thoothukudi District.

2.The Taluk Surveyor, Vilathikulam Taluk, Thoothukudi District. ...Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to conduct survey in the petitioner's land in S.F.Nos.11, 25/9, 28/3, 16/1, 25/4, 27/1, 20/1, 35/2, 37, 59/2, 47/1, 46/3, 11, 26/1A with an extent of 13 acre and 15 cents of Periyasamypuram Village, Vilathikulam Taluk, Thoothukudi District, by way of considering his application dated 27.06.2023. 1/5

For Petitioner : Mr.R.Jegadeeswaran For Respondents : Mr.G.V.Vairom Santhosh Additional Government Pleader

O R D E R

The petitioner has filed the present writ petition seeking a direction to the respondents to conduct a survey in his lands in S.F.Nos.11, 25/9, 28/3, 16/1, 25/4, 27/1, 20/1, 35/2, 37, 59/2, 47/1, 46/3, 11, 26/1A, situated at Periyasamypuram Village, Vilathikulam Taluk, Thoothukudi District, based on his application dated 27.06.2023.

2. The grievance of the petitioner is that the petitioner's application for survey has not been considered by the respondents so far. Hence, the petitioner has filed the present writ petition.

3. The learned Additional Government Pleader appearing for the respondents, on instructions, submits that the petitioner has made a request for surveying his lands in S.F.Nos.11, 25/9, 28/3, 16/1, 25/4, 27/1, 20/1, 35/2, 37, 59/2, 47/1, 46/3, 11, 26/1A. However, he has paid 2/5

the fee only for S.F.Nos.11, 25/9, 28/3, 16/1, 25/4. For want of payment of the required fee to the remaining survey numbers, the survey has not been conducted.

4. The learned counsel appearing for the petitioner undertakes to pay the necessary fee for the remaining survey numbers.

5. Accordingly, this Writ Petition is disposed of, with a liberty to the petitioner to pay the required fee for the remaining survey numbers within a period of two weeks from the date of receipt of a copy of this order. On receipt of payment of required fee, the survey shall be conducted by the respondents after following due process of law. There shall be no order as to costs.

11.07.2023 Index: Yes/No Internet: Yes/No ssb 3/5

To 1.The Thasildar, Vilathikulam Taluk, Thoothukudi District.

2.The Taluk Surveyor, Vilathikulam Taluk, Thoothukudi District.

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B.PUGALENDHI, J.

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