A.Johnson v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA A.Johnson .. Petitioner Vs.

1.The Tahsildar, Srirangam Taluk Office, Trichy-620 006.

2.The Head Surveyor, Srirangam Zone, Trichy.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation, dated 10.04.2024 and consequentially survey and measure the land in S.F.Nos.101/9, 101/10 and 260/1 at Mela Street, Punganur, Thayanur Village, Manikandam Panchayat Union, Srirangam Taluk, Trichy District. For Petitioner : Mr.S.Vinod Sathya Lazar For Respondents : Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed for a mandamus to the respondents to survey and measure the lands comprised in S.F.Nos.101/9, 101/10 and 260/1 at Mela Street, Punganur, Thayanur Village, Manikandam Panchayat Union, Srirangam Taluk, Trichy District.

2. The petitioner's contention is that he is a resident of the Punganur East Street and a worshipper of St.Antony's Church, Punganur Parish and a member of the Parish Church. The Parish Priest and the members of the church decided to measure the suit property with a help of the Surveyor and therefore, he had made an application to inspect and measure the lands. However, the request was not considered. On 13.07.2024, the petitioner had given a representation to the Head Surveyor through a registered post. However, it has been kept pending. Therefore, the present writ petition has been filed.

3. Along with affidavit and petition, he has enclosed "Manaivari Thooraya Patta " in respect of the lands in Survey Nos.101/9, 256/8 and 257/16. The patta produced by the petitioner does not reflect the name of

the Church, but stands in the name of one Periyanayagam w/o Kulanthaisaamy Udayar and a similar Thooraya Patta in respect of 101/10, 257/17 and 257/20 which also does not reflect the name of the Church, but the name of one Kaanikkai Ammal w/o Savari Muthu Udayar.

4. The learned Additional Government Pleader would submit that these lands have been classified as Natham Sarkar lands and does not stand in the name of the Church.

5. Considering the fact that the petitioner does not have any title and without being in the possession, cannot seek a direction to conduct survey and measure the property. Hence, this Writ Petition stands dismissed. No costs.

06.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg

P.T.ASHA, J.

gbg To 1.The Tahsildar, Srirangam Taluk Office, Trichy-620 006.

2.The Head Surveyor, Srirangam Zone, Trichy.

06.09.2024