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Madras High CourtWP(MD)/17848/2025disposed of

P.Sekar v. The Tahsildar

2025-07-02Honourable Mr Justice S. Sounthar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR P.Sekar ... Petitioner Vs.

1.The Tahsildar, Usilampatti Taluk, Madurai District.

2.The Surveyor, Usilampatti Taluk, Madurai District.

3.The Inspector of Police, Usilampatti Taluk, Madurai District.

... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the respondent to consider the petitioner's application dated 18.01.2025 to survey the land and lay the boundary stones to petitioner's land in S.Nos.105/4A, 106/1B2, 106/1B4, 108A/3B, 108A/3B, 77/3C3B, 77/4A2A situated at Boothipuram Village, Usilampatti Taluk, Madurai District.

For Petitioner : Mr.R.Dineshbabu For R1 & R2 : Mr.M.Gangatharan Government Advocate For R3 : Mr.M.Vaikkam Karunanithi Government Advocate

ORDER

The petitioner herein seeks a direction to the respondents to consider his representation dated 18.01.2025, seeking survey of the property situated in Survey Nos.105/4A, 106/1B2, 106/1B4, 108A/3B, 77/3C3B, 77/4A2A, in Boothipuram Village, Usilampatti Taluk, Madurai District.

2.Heard the arguments of Mr.R.Dineshbabu, learned counsel appearing for the petitioner, Mr.M.Gangatharan, learned Government Advocate 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.According to the petitioner, the subject property was allotted to him in a family partition dated 12.03.2001. The patta for the subject property stands in the name of the petitioner in Patta No.1448. He submitted an online application before the respondents on 25.11.2022, seeking survey of the subject property. The same has not been considered. Hence, the petitioner submitted a written representation before the respondent on 18.01.2025. The said representation has not been considered till date. Hence, the petitioner has come before this Court.

4.The learned Government Advocate appearing for the respondents 1 and 2 would submit that If proper online application seeking survey of the subject property is filed, the same will be considered in accordance with law.

5. In view of the same, without expressing any opinion on the merits of the matter, the petitioner is directed to file a proper online application and produce the acknowledgment of the same before the respondents 1 and 2 within a period of two weeks from the date of receipt of a copy of this order. On receipt of such acknowledgment, the respondents 1 and 2 shall consider the online application of the petitioner and pass final orders on its own merits, within a further period of eight weeks, after issuing notice to the petitioner, neighbouring land owners and other interested parties. Accordingly, this Writ Petition is disposed of. No costs.

02.07.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To 1.The Tahsildar, Usilampatti Taluk, Madurai District.

2.The Surveyor, Usilampatti Taluk, Madurai District.

3.The Inspector of Police, Usilampatti Taluk, Madurai District.

S.SOUNTHAR ,J cp

W.P.(MD)No.17848 of 2025 Dated: 02.07.2025