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Madras High CourtWP(MD)/18934/2023disposed of

Dhanalakshmi v. The Tahsildar

2025-02-12Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI Dhanalakshmi ... Petitioner vs.

1.The Tahsildar, O/o. Taluk Office, Karaikudi, Sivagangai District.

2.The Land Surveyor, O/o. Taluk Office, Karaikudi, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 and 2 to consider the petitioner's application dated 11.07.2023 for carrying out measurement in respect of the petitioner S.No.175/2 situated at Sembanur Group Hectare 0.19.5 (5450 sq.ft), Karaikudi Taluk, Sivagangai District, within the time stipulated by this Court.

For Petitioner : Mr.V.Karuna For Respondents : Mr.S.Kameswaran Government Advocate 1/4

ORDER

The writ petition has been filed for issuance of a Writ of Mandamus seeking survey of the lands pursuant to the petitioner's application dated 11.07.2023.

2.Today, the learned Government Advocate appearing for the official respondents would bring to my attention that on 07.02.25, the petitioner's request has been rejected, since the lands, which are sought for, are surveyed or classified as 'GQ;ir G+];jpjp ghij Xil'.

3.The learned counsel for the petitioner states that the claim for survey was made only based on the patta issued to him and therefore, the order of rejection is unsustainable.

4.In view of the rejection order passed by the first respondent, no relief can be granted in the present writ petition. However, the matter is to be adjudicated in the appeal and not in the instant writ petition filed under Article 226 of the Constitution of India. Hence, the Writ Petition is disposed of with liberty to the 2/4

petitioner to challenge the order dated 07.02.2025 on the file of the first respondent in O.Mu.C1/167/2025. No costs.

12.02.2025 sji NCC: Yes/No Index : Yes / No Internet : Yes / No To 1.The Tahsildar, O/o. Taluk Office, Karaikudi, Sivagangai District.

2.The Land Surveyor, O/o. Taluk Office, Karaikudi, Sivagangai District.

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P.B.BALAJI , J.

sji 12.02.2025 4/4