Karmegam v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Karmegam ... Petitioner versus

1. The Tahsildar, Paramakudi Taluk Office, Paramakudi Taluk, Ramanathapuram District.

2. The Surveyor, Paramakudi Taluk, Paramakudi, Ramanathapuram District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 2nd respondent to conduct survey the petitioner's land in T.S.No.12/1A, Ward B, Block 3, Old Survey No.67/1 to an extent of 44 cents situated at Emaneshwaram Village, Paramakudi Taluk, Ramanathapuram District and earmark the boundaries of the properties, based on the petitioner's representation dated 29.09.2022. 1/4

For Petitioner : Mr.K.Yasar Arafath For Respondents : Mr.M.Sarangan, Additional Government Pleader

ORDER

The petitioner has submitted an application dated 29.09.2022 to the respondents, requesting them to survey his land in Town Survey No.12/1A1 situated at Emaneshwaram Village, Paramakudi Taluk, Ramanathapuram District. Since the said application has not been considered, the present writ petition has been filed.

2. Mr.M.Sarangan, learned Additional Government Pleader, who takes notice for the respondents, on instructions, submits that though the application for surveying the land was submitted by the petitioner, a challan for payment of surveying the land was submitted by one Poosadurai. He further submits that the land in Survey No.12/1A1 stands in the name of one Muthu Sannasi. In the absence of any document disclosing the specific survey number of the petitioner's land and boundaries, it would be very difficult for the survey officials to 2/4

conduct survey.

3. Even though the challan for payment of surveying the land has been paid by one Poosadurai, the application for surveying the land in Survey No.12/1A1 has been made only by the petitioner. Therefore, the respondents shall issue a notice to other pattadars and ascertain as to whether there is any objection from other pattadars and if there is any objection, shall issue a notice to them as per Section 10 of the Tamil Nadu Survey and Boundaries Act and thereafter, take a decision within a period of eight weeks from the date of receipt of a copy of this order.

4. With the above direction, this writ petition is disposed of. No costs.

24.08.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

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B.PUGALENDHI, J.

ogy To

1. The Tahsildar, Paramakudi Taluk Office, Paramakudi Taluk, Ramanathapuram District.

2. The Surveyor, Paramakudi Taluk, Paramakudi, Ramanathapuram District.

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