Ganesan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM:

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

1.The Tahsildar, 2.The Head Surveyor, 3.The Surveyor, Kathalur Panchayat, 4.The Inspector of Police, Viralimalai Police Station, Viralimalai, 5.Chandran 6.Chithiran 7.Rengaraj ... Respondents

Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents No. 1 to 3 to survey the land and fix the boundaries for erect the fence and pillar stones in comprising Survey No. 86/2 to an extent 0-9.00 Hectares - Ares, 86/3 to an extent 0-14.50 Hectares - Ares, 86/4 to an extent 028.50 Hectares - Ares, 86/6 to an extent 0-27.50 Hectares - Ares, 87/3B1 to an extent 0-28.00 Hectares - Ares total to an extent of 1-7.50, its Patta No.1092 and in Survey No.88/5A1 to an extent of 0.18.5 Hectares, its Patta No. 1666 situated at Kathalur Village, Viralimalai Taluk, Pudukkottai District and also further the fourth respondent provide adequate police protection on the basis of the petitioner's online application dated 29.07.2024 and 14.07.2025.

For Petitioner : Mr.Kannan Gurusami For R1 to R3 : Mr.M.Gangatharan Government Advocate For R4 : Mr.M.Vaikkam Karunanithi Government Advocate (crl.side)

ORDER

The petitioner herein seeks a direction to the respondents 1 to 3 to survey the properties situated Survey Nos.86/2, 86/3, 86/4, 86/6, 87/3B1 and 88/5A1, Kathalur Village, Viralimalai Taluk, Pudukkottai District, by considering his online applications dated 29.07.2024 and 14.07.2025. 2.Heard the arguments of Mr.M.R.Dhamodharan, learned counsel appearing for the petitioner, Mr.A.Baskaran learned Additional Government Pleader appearing for the respondent 1 to 3 and Mr.M.Vaikkam Karunanithi, learned Government Advocate (crl.side) appearing for the fourth respondent. Since no adverse order is passed against the respondents 5 to 7, notice to them is dispensed with. 3.By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

4.According to the petitioner, he purchased the subject properties under registered sale deeds dated 16.07.2008 and 13.05.2022. The pattas for the subject properties stand in the name of the petitioner in

Patta Nos.1666 and 1092. The petitioner submitted an applications before the respondents on 29.07.2024 and 14.07.2025, seeking survey of the properties. The same has not been considered. Hence, the petitioner has come before this Court.

5.The learned Government Advocate appearing for the respondents 1 to 3 would submit that the petitioner has not submitted any online application seeking survey of the property in Survey No. 88/5A1. As far as the other survey numbers are concerned, his application dated 14.07.2025 will be considered in accordance with law. 6.In view of the same, without expressing any opinion on the merits of the matter, the petitioner is directed to produce the acknowledgment for having submitted an online application seeking survey of the property situated in Survey No.88/5A1 before the first respondent within a period of two weeks from the date of receipt of a copy of this order. On production of acknowledgment, the respondents 1 and 2 are directed to consider the online applications of the petitioner and pass final orders on its own merits within a further period of twelve

weeks. Incase, the petitioner fails to produce the acknowledgment, the respondents 1 and 2 shall consider the petitioner's application dated 14.07.2025 in respect of the other survey numbers and pass final orders within a further period of twelve weeks. It is needless to state that the final orders shall be passed by the official respondents after affording reasonable opportunity to the petitioner, private respondents 5 to 7, neighbouring land owners and other interested parties. Accordingly, this Writ Petition is disposed of. No costs.

08.08.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To 1.The Tahsildar, 2.The Head Surveyor,

S.SOUNTHAR ,J cp 3.The Surveyor, Kathalur Panchayat, 4.The Inspector of Police, Viralimalai Police Station, Viralimalai, W.P.(MD)No.21703 of 2025 Dated: 08.08.2025