Pillaiyarpatti Karpaga Vinayagar Kovil v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI Pillaiyarpatti Karpaga Vinayagar Kovil Nagarathar Trust represented by it's trustees, 1.Saw.G.Swaminathan 2.Thanneermalai Pillaiyarpatti Karpaga Vinayagar Temple, Pillaiyarpatti, Thirupathur Taluk, Sivagangai District.
... Petitioner Vs 1.The Tahsildar, Madurai East Taluk, Maduai District.
2.The Head Surveyor, Madurai East Taluk, Madurai District.
3.The Inspector of Police, Othakadai Police Station, Y.Othakadai, Madurai - 625 107.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the 1st and 2nd respondent to conduct survey and put up survey stone demarcating the petitioners property 1/5
based on the application dated 22.02.2023 in respect of the Patta No.82, Ulaganeri Village, Madurai East Taluk, Madurai District within the time stipulated by this Court. For petitioner : Mr.RM.Arun Swaminathan For Respondent : Mr.G.V.Vairam Santhosh, Nos.1 and 2 Additional Government Pleader For Respondent : Mr.P.Kottaichamy, No.3 Government Advocate (Crl Side)
ORDER
The petitioners with a grievance that the application for conducting survey has not been considered by the respondents, have filed this writ petition for a direction to the respondents to conduct survey based on their application.
2.When the writ petition has been taken up for hearing the learned Additional Government Pleader appearing for the respondents submits the petitioners have not paid the necessary fee as required under the Tamil Nadu Survey Manual. The petitioners have requested for surveying nine boundaries to an extent of 12 Hectares and 20 cents and 2/5
Rs.400/- per boundary is the requisite fee and if the petitioners pay the fee accordingly, the petitioners' application would be considered on merits.
3.The learned Counsel for the petitioners submits that the petitioners were unaware of paying of such fee and they are now prepared to pay the necessary fee.
4.In view of the above, this writ petition is disposed of a with direction to the petitioners to pay the necessary fee as per the Tamil Nadu Survey Manual within a period of ten days from the date of receipt of a copy of this order and on payment of necessary fees by the petitioners, respondents shall do the needful within a period of twelve weeks therefrom after putting on notice the interested parties if any. No costs.
05.09.2023 Internet : Yes/ No Index : Yes/ No NCC : Yes/ No dsk 3/5
To 1.The Tahsildar, Madurai East Taluk, Maduai District.
2.The Head Surveyor, Madurai East Taluk, Madurai District.
3.The Inspector of Police, Othakadai Police Station, Y.Othakadai, Madurai - 625 107.
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B.PUGALENDHI, J.
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