C.Balaji v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR C.Balaji ... Petitioner Vs.

1. The Thasildar, Dindigul West Taluk, Dindigul District.

2. The Deputy Inspector of Survey, Dindigul West Taluk, Dindigul District.

3. K.Duraikannan ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned memo issued by the 2nd respondent in Va.Thee.Petition No.135/25/F dated ....06.2025 and to quash the same as illegal and consequently direct the 2nd respondent to conduct the survey in respect of the petitioner's land in T.S.No.1221/2 for an extent of 0.0.13.9 Sq.m and in T.S.No.1221/3 for an extent of 0.0.17 Sq.m in Block

26, Ward 6, Dindigul West Taluk, Dindigul Town within the time stipulated by this Court.

For Petitioner : Mr.K.Sudalaiyandi For Respondents : Mrs.KMalathi, Additional Government Pleader for R1 & R2

ORDER

The writ petition is filed challenging the order passed by the first respondent rejecting the application submitted by the petitioner seeking survey of the property situated in Town Survey Nos.1221/2 and 1221/3 Block No.26, Ward No.6, Dindigul West Taluk, Dindigul Town. 2.Heard the arguments of Mr.K.Sudalaiyandi, learned counsel appearing for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondents 1 & 2. Since no adverse order is passed against the third respondent, notice to the third respondent is dispensed with.

3. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

4. The learned counsel for the petitioner would submit that the application of the petitioner was rejected by the first respondent solely on the ground that the writ petition filed by the third respondent herein was pending at that point of time. However, the said writ petition was disposed of subsequently and hence, there may not be any impediment for the second respondent to consider the application of the petitioner.

5. The order passed in the writ petition in W.P(MD)No.16899 of 2025 is included in the typeset of papers. A perusal of the same would indicate the said writ petition was dismissed by this Court by recording the statement of the fourth respondent that he would work out his remedy before the civil Court. In view of the disposal of the writ petition in W.P(MD)No.16899 of 2025 by this Court there may not be any impediment for the first respondent to consider the request of the petitioner seeking survey of the property. Therefore, the petitioner is given liberty to file fresh application seeking survey of the property

before the first respondent. If any such application is filed, the first respondent shall consider the same and pass final orders on its own merits as expeditiously as possible after issuing notice to the petitioner, 4th respondent, neighbouring land owners and other interested parties.

6. With this clarification, this Writ Petition is disposed of. No Costs.

14.08.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No PJL To

1. The Thasildar, Dindigul West Taluk, Dindigul District.

2. The Deputy Inspector of Survey, Dindigul West Taluk, Dindigul District.

S.SOUNTHAR , J.

PJL W.P.(MD)No.22260 of 2025 Dated: 14.08.2025