V. Kannan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI V.Kannan

...Petitioner

Vs 1.The Tahsildar, Sivagangai Taluk Office, Sivagangai Taluk, Sivagangai District.

2.The Head Surveyor, Sivagangai Taluk Office, Sivagangai Taluk, Sivagangai District.

...Respondents

PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents to survey and measure the property of the petitioner comprised in S.No.178 total extent of 2 acres and 2 cents at Karisam Pulivayal, Sakkanthi Village, Pudupatti Group, Sivagangai Taluk, Sivagangai District as per the application dated 03.10.2023 within a reasonable time as fixed by this Court.

For Petitioner : Ms.A.Elamathi For Respondents : Mr.B.Saravanan, Additional Government Pleader 1/5

ORDER

The petitioner with a grievance that the Tahsildar / 1st respondent has not conducted survey based on his application, has approached this Court seeking a mandamus to direct the respondents to survey and measure the property of the petitioner in S.No.178 situated at Karisam Pulivayal, Sakkanthi Village, Pudupatti Group, Sivagangai District as per the application dated 03.10.2023 2.When the writ petition is taken up for hearing, the learned Additional Government Pleader appearing for the respondents has produced a copy of the application of this petitioner dated 03.10.2023 along with his endorsement and submits that survey was conducted on the petitioner's property and boundaries were identified on 19.01.2024. The petitioner also made an endorsement to that effect. However the petitioner has subsequently filed this writ petition as if survey was not conducted. 3.In reply, the learned Counsel for the petitioner submits that the signature of the petitioner was obtained, but survey was not conducted by the respondents. Therefore, the petitioner has approached this court. 2/5

4.This Court considered the rival submissions made. 5.The petitioner has filed this writ petition that though he has submitted an application to conduct survey on his property in S.No.178 situated at Karisam Pulivayal, Sakkanthi Village, Pudupatti Group, Sivagangai District, the respondents have not conducted survey. The respondents by producing the endorsement of the petitioner in his application, claim that on 19.01.2024 survey was conducted, boundaries were identified and it was also informed to the petitioner. Considering this submission, the respondents are directed to produce a copy of the survey report to the petitioner within a period of four weeks from the date of receipt of a copy of this order. No costs.

14.10.2024 Internet : Yes / No Index : Yes / No DSK 3/5

To 1.The Tahsildar, Sivagangai Taluk Office, Sivagangai Taluk, Sivagangai District.

2.The Head Surveyor, Sivagangai Taluk Office, Sivagangai Taluk, Sivagangai District.

4/5

B.PUGALENDHI.J., DSK 14.10.2024 5/5