Balakrishnan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Balakrishnan ... Petitioner Vs.

1.The Thasildar, Sankarankovil Taluk, Sankarankovil, Tenkasi District.

2.The Head Surveyor, Department of land Survey, Sankarankovil Taluk, Sankarankovil, Tenkasi District.

3.The Inspector of Police, Karivalamvanthanallur Police Station, Karivalamvanthanallur, Tenkasi District.

4.The Junior Engineer (Distribution), Tamil Nadu Generation & Distribution Corporation Ltd., Karivalamvanthanallur, Sankarankovil, Tenkasi District.

5.Chellathai 6.Ganesan ... Respondents

Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the respondents 1 and 2 to carry out the appropriate survey and demarcate the boundaries of the petitioner's land in Survey Nos.377/3, 377/6B, 377/9B the land which is situated Paruvakudi Village, Sankarankovil Taluk, Tenkasi District, with the protection of the third respondent, based on the petitioner's survey payment in Challan No: 2025/0123/34/006229 and 2025/0123/34/006230 dated 17.05.2025 within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.P.Ponraj For R1 and R2 : Mr.A.Baskaran Additional Government Pleader For R3 : Mr.M.Vaikkam Karunanithi Government Advocate (crl.side) For R4 : Mr.S.Deenadhayalan

ORDER

This writ petition is filed seeking a direction to the respondents 1 and 2 to survey the properties situated in Survey Nos.377/3, 377/6B, 377/9B, in Paruvakudi Village, Sankarankovil Taluk, Tenkasi District, by considering his online applications dated 17.05.2025.

2.Heard the arguments of Mr.P.Ponraj, learned counsel appearing for the petitioner and Mr.A.Baskaran, learned Additional Government Pleader appearing for the respondents 1 and 2 and Mr.M.Vaikkam Karunanithi, learned Government Advocate (crl.side) appearing for the third respondent and Mr.S.Deenadhayalan, learned counsel for the fourth respondent. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself. 3.It is the case of the petitioner that the patta for the subject properties stands in his name in Patta Nos.838 and 1409. He submitted two online applications on 17.05.2025 in Application Nos. 2025/0123/34/006230 and 2025/0123/34/006229, seeking survey of the subject properties. The same has not been considered. Hence, the petitioner has come before this Court.

4.The learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that the applications submitted by the petitioner will be considered in accordance with law.

5.A perusal of the revenue documents produced by the petitioner would indicate that the property in Survey No.377/3 stands in the name of the petitioner. However, the properties in Survey Nos.377/6B and 377/9B jointly stand in the names of the petitioner and three others.

6. In such circumstances, without expressing any opinion on the merits of the matter, the respondents 1 and 2 are directed to consider the online applications of the petitioner dated 17.05.2025 and pass final orders on its own merits within a period of twelve weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner, private respondents 5 and 6, co-pattadars, neighbouring land owners and other interested parties. Accordingly, this Writ Petition is disposed of. No costs.

04.08.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp

To 1.The Thasildar, Sankarankovil Taluk, Sankarankovil, Tenkasi District.

2.The Head Surveyor, Department of land Survey, Sankarankovil Taluk, Sankarankovil, Tenkasi District.

3.The Inspector of Police, Karivalamvanthanallur Police Station, Karivalamvanthanallur, Tenkasi District.

S.SOUNTHAR ,J cp W.P.(MD)No.21197 of 2025 Dated: 04.08.2025