Madras High CourtWP(MD)/30499/2023disposed of

Santhakumar v. The Thasildar

2024-01-04Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Santhakumar ... Petitioner -Vs1.The Tahsildar, Taluk Office, Kadaladi Taluk, 2.The Taluk Surveyor, Land Survey and Records, Taluk Office, Kadaladi Taluk, 3.The Inspector of Police, Sikkal Police Station, ... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents 1 and 2 to survey and fixing four boundaries of the petitioner's family land bearing Survey No.15/1 an extent of 0.10.50 ares-Patta No. 1329, situated at Siraikulam Revenue Village, Kadaladi Taluk, 1/5

For Petitioner : Mr.R.Muruganantham For Respondents : Mrs.K.Christy Thebaral Addl. Govt. Pleader (for R1 and R2) Ms.M.Aasha Govt. Advocate (crl. side) (for R3)

ORDER

This writ petition is filed seeking for issuance of a Writ of Mandamus to direct the respondents 1 and 2 to survey and fix four boundaries of the petitioner's family's land bearing Survey No.15/1 an extent of 0.10.50 aresPatta No.1329, situated at Siraikulam Revenue Village, Kadaladi Taluk, 2.Mrs.K.Christy Thebaral, learned Additional Government Pleader takes notice for the respondents 1 and 2. Ms.M.Aasha, learned Government Advocate (crl. side) takes notice for the third respondent. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The learned counsel for the petitioner would submit that the property measuring an extent of 0.10.50 ares- Patta No.1329 in Survey No. 2/5

15/1situated at Siraikulam Revenue Village, Kadaladi Taluk, Ramanathapuram District is belonging to the petitioner's family. For surveying the above said property, the petitioner has given a representation to the respondents. Since the said representation is pending, he has come before this Court with this writ petition.

4. Though the learned counsel for the petitioner would submit that it would suffice if the representation of the petitioner is disposed of by the respondents, on merits and in accordance with law within the time stipulated by this Court, the learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that the petitioner has to file the application through online, but he has not filed through online. The learned Additional Government Pleader would further submit that if the petitioner filed an application through online, it will be considered in accordance with law.

5. In view of the above, without going into the merits of the claim made by the petitioner in this Writ Petition, the petitioner is directed to approach the e-seva centre and file an application through online for survey their land. On such filing, the respondents 1 and 2 are directed to pass 3/5

appropriate orders on the application of the petitioner on merits and in accordance with law, after giving notice to the interested parties, if any, within a period of twelve weeks.

6. With the above direction, this Writ Petition stands disposed of. No costs.

04.01.2024 NCC : Yes/No Index : Yes/No Internet : Yes skn To 1.The Tahsildar, Taluk Office, Kadaladi Taluk, 2.The Taluk Surveyor, Land Survey and Records, Taluk Office, Kadaladi Taluk, 3.The Inspector of Police, Sikkal Police Station, 4/5

V.BHAVANI SUBBAROYAN, J.

skn 04.01.2024 5/5