Madras High CourtWP(MD)/21341/2025disposed of

Ilayaraja v. The Thasildar

2025-08-05Honourable Mr Justice S. Sounthar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Writ Petition(MD)No.21341 of 2025 Ilayaraja ..Petitioner Vs 1.The Tahsildar, Singampunari Taluk, Sivagangai District.

2.The Head Surveyor, Singampunari Taluk, Sivagangai District.

3.The Inspector of Police, S.S.Kottai Police Station, Sivagangai District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue Writ of of Mandamus directing the respondents 1 and 2 to Re-survey the petitioner's land in S. No.66/4A1 of Vadavanpatti Village, Singampunari Taluk, Sivagangai District with the protection of 3rd respondent and to fix the Boundary Stones within the time period that may be fixed by this Court.

For Petitioner : Mr.G.Hariharan For Respondents : Mrs.S.Jeya Priya Govt. Advocate (for R1 and R2) Mr.M.Vaikkam Karunanith Govt. Advocate (for R3) 1/5

ORDER

The writ petition is filed seeking a direction to the respondents 1 and 2 to Re-survey the petitioner's land in S. No.66/4A1 of Vadavanpatti Village, Singampunari Taluk, Sivagangai District.

2. Heard the arguments of Mr.G.Hariharan, learned counsel appearing for the petitioner and Mrs.S.Jeya Priya, learned Government Advocate appearing for the respondents 1 and 2 and Mr.M.Vaikkam Karunanithi, learned Government Advocate (criminal side) 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 belongs to him as per the settlement deed dated 04.11.2024. Patta for the said property was also issued in his name under Patta No. 1387. The petitioner submitted an application before the respondents 1 and 2 seeking a survey of the property and paid the necessary fees for police protection. Though the official respondents conducted the survey, they failed to fix the survey stones. Therefore, he again submitted an application on 25.01.2025 seeking a resurvey of the property and fixation of the survey stones. However, the same has not been considered. Hence, he has approached this Court. 2/5

4. The learned Government Advocate appearing for respondents 1 and 2 submitted that the petitioner has not filed a proper online application and hence, his request could not be considered. She further submitted that the survey stones shall be procured by the petitioner at the time of survey so as to enable the respondents to fix the same at the boundaries.

5. In view of the above, without expressing any opinion on the merits of the matter, the petitioner is directed to produce the acknowledgement for having submitted an application before the first respondent within a period of two weeks from the date of receipt of a copy of this order. Upon such production, the respondents 1 and 2 shall consider the petitioner's application and pass final orders on its own merits, within a period of eight weeks, after issuing notice to the petitioner, neighbouring landowners, and other interested parties. It is needless to state that, if the petitioner seeks fixation of survey stones in the boundaries, it shall be his responsibility to procure the necessary survey stones to enable the authorities to fix them at the time of survey.

6. With the above direction, this Writ Petition is disposed of. No costs. 05.08.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn 3/5

To 1.The Tahsildar, Singampunari Taluk, Sivagangai District.

2.The Head Surveyor, Singampunari Taluk, Sivagangai District.

3.The Inspector of Police, S.S.Kottai Police Station, Sivagangai District.

4/5

S.SOUNTHAR, J.

skn Writ Petition(MD)No.21341 of 2025 05.08.2025 5/5