Madras High CourtWP(MD)/28730/2024disposed of

C. Jeyaraj v. The Tahsildar

2025-02-12Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI Writ Petition(MD)No.28730 of 2024 C.Jeyaraj ..Petitioner Vs 1.The Tahsildar, Sivagiri Taluk, Tenkasi District.

2.The Firka Surveyor, Sivagiri, Sivagiri Taluk, Tenkasi District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to survey and fix the boundaries for the petitioner's land to an extent of 27 cents situated in Survey No.277/12A1, Thenmalai Village, Sivagiri Taluk, Tenkasi District as per the sale deed in Doc.No.1533/2005 dated 24.10.2005 on the file of the Karivalamvanthanallur, based on the petitioner's representation and fee remittance dated 30.10.2023 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.M.Raja Ravi Varma For Respondents : Mr.S.Kameswaran Govt. Advocate 1/4

ORDER

The petitioner has filed the instant writ petition seeking issuance of a Writ of Mandamus to survey his land measuring an extent of 27 cents comprised in Survey No.277/12A1, Thenmalai Village, Sivagiri Taluk, Tenkasi District.

2. The petitioner having purchased the subject land by a sale deed dated 24.10.2005 has sought for a survey to be conducted in view of the interference of the adjacent land owners and alleged property grabbers. The petitioner has made an application on 30.10.2023 and the same has not been disposed of.

3. Considering the limited relief sought for in the writ petition, with the consent of the either side, the writ petition is taken up for final disposal.

4. The petitioner's application dated 30.10.2023 is pending with the respondents, though the petitioner has already remitted requisite fee for the survey to be conducted. Therefore, considering the fact that the petitioner's application has not been disposed of, there shall be a direction to the respondents to survey the petitioner's land in pursuance of the application dated 2/4

30.10.2023, after issuing the advance notice to the adjacent land owners and interested parties, if any, within a period of eight (8) weeks from the date of receipt of a copy of this order. Liberty is granted to the respondents to take assistance of the police official, if they apprehend any breach of peace at the time of survey.

5. With the above directions, this writ petition stands disposed of. No costs.

12.02.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn To 1.The Tahsildar, Sivagiri Taluk, Tenkasi District.

2.The Firka Surveyor, Sivagiri, Sivagiri Taluk, Tenkasi District.

3/4

P.B. BALAJI, J.

skn Writ Petition(MD)No.28730 of 2024 12.02.2025 4/4