S.Palraj v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.18079 of 2025 S.Paulraj ... Petitioner .Vs.

1.The Tahsildar, Uthamapalaym Taluk, Theni District.

2.The Head Surveyor, Uthamapalayam Taluk, Land Survey Division, Uthamapalayam Post, Theni District.

3.Kandasamy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 and 2 to measure and identify the boundaries of Petitioner's properties in Ayan S.Nos.928/5B1A1, 928/5B2A1 A1 A1, 928/5B3A and S.No.928/4D1 to an extent of 2 acres and 84 cents situated at Thevaram-T, Meenakshipuram Road,near Thevaram Colony, Theni District on the basis of the survey Application given by the Petitioner on 25.09.2023 and on the basis of Petitioner's representation, dated9.9.2024. 1/5

For Petitioner : Mr.R.Manickam For Respondents : Mrs.K.Malathi 1 and 2 Addl.Govt. Pleader

O R D E R

The Petitioner herein seeks a direction to the respondents 1 and 2 to survey his property in Ayan S.Nos.928/5B1A1, 928/5B2A1 A1 A1, 928/5B3A and S.No.928/4D1 to an extent of 2 acres and 84 cents situated at Thevaram-T, Meenakshipuram Road, near Thevaram Colony, Theni District by considering his application, dated 25.09.2023.

2.Mrs.K.Malathi, learned Additional Government Pleader takes notice for the respondents 1 and 2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. Since no adverse order is passed, notice to third respondent is dispensed with.

3.According to the Petitioner, he purchased the subject property under four sale deeds, dated 8.8.1994, 19.4.1996, 10.12.2003 and 19.10.2010. Patta for the subject property was also issued in the name of Petitioner in patta No.7660, 8186 and 8074. The Petitioner submitted an application for survey of the property 2/5

on 25.09.2023 and the same has not been considered. Hence the Petitioner submitted a detailed representation before the first respondent on 07.09.2024 seeking survey of the subject properties. The same has not been considered till date. Hence the Petitioner is before this Court with the present Writ Petition for the relief stated supra.

4.Mrs.K.Malathi, learned Additional Government Pleader, who takes notice for the respondents 1 and 2 would submit that the Petitioner has not submitted any proper online application and hence his request has not been considered.

5.In view of the same, without expressing any opinion on the the merits of the matter, the Petitioner is directed to produce the acknowledgment for filing online application before the first respondent within a period of two weeks from the date of receipt of a copy of this order. On production of the acknowledgment,the first respondent shall consider the online application filed by the Petitioner seeking survey of the subject property and pass final orders on its own merits, after issuing notice to the Petitioner,third respondent and other interested parties, if any,within a period of 8 weeks from the date of a copy of this order.

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6.With the above directions, the Writ Petition stands disposed of. No costs.

03.07.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The Tahsildar, Uthamapalaym Taluk, Theni District.

2.The Head Surveyor, Uthamapalayam Taluk, Land Survey Division, Uthamapalayam Post, Theni District.

S.SOUNTHAR.,J.

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ORDER MADE IN W.P(MD)No.18079 of 2025 03.07.2025 5/5