Asir Devaraj v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Asir Devaraj ... Petitioner Vs.

1.The Tahsildar Radhapuram Taluk, Tirunelveli District.

2. The Taluk Surveyor Radhapuram Taluk, Tirunelveli District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to survey and fix the boundaries pertaining to the land bearing Survey No.69/3A2 of Palayoor Revenue Village, Radhapuram Taluk, Tirunelveli District within the time limit as fixed by this Court based on the petitioner's application, dated 11.11.2024 or any other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner : Mr.K.K.Samy For Respondents : Mr.B.Saravanan Additional Government Pleader 1/4

ORDER

This petition has been filed to direct the 2nd respondent to survey and fix the boundaries pertaining to the land bearing Survey No.69/3A2 of Palayoor Revenue Village, Radhapuram Taluk, Tirunelveli District, based on the petitioner's application, dated 11.11.2024.

2. I have heard Mr.K.K.Samy, the learned counsel appearing for the petitioner, Mr.B.Saravanan, learned Additional Government Pleader appearing for the respondents.

3.Though the petitioner has filed the instant writ petition seeking issuance of Writ of Mandamus, for surveying the petitioner's land, based on the application dated 11.11.2024, when the matter is taken up for hearing, the learned Additional Government Pleader, Mr.B.Saravanan, would submit that survey was duly conducted on 30.12.2024.

4. The learned counsel for the petitioner on instructions would submit that the survey was not properly carried out and hence, he seeks suitable directions for resurvey.

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5. Considering the fact that the writ petition has been filed only in respect of the survey application already made on 11.11.2024 and in view of the admitted position that the survey has been conducted on 30.12.2024, though not to the satisfaction of the petitioner, no positive directions can be issued in the present writ petition. However, the petitioner is at liberty to make a fresh application for re-survey within a period of two weeks from the date of receipt of a copy of this order and on such application being made by the petitioner, the official respondents shall act upon it and proceed to survey the petitioner's lands within a period of twelve weeks thereafter, after issuing notice to any interested parties.

6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

Index :

Yes / No NCC : Yes / No 04.03.2025 LS 3/4

P.B. BALAJI , J.

LS To

1. The Tahsildar Radhapuram Taluk, Tirunelveli District.

2.The Taluk Surveyor Radhapuram Taluk, Tirunelveli District.

Order made in Dated:

04.03.2025 4/4