Dismissed
V.Gunasekaran, S/O.K.P.Velu, v. the Tahsildar
Madras HCWP(MD)/20241/2016
Case brief
from the order text
What is this about?
BEFORE THE MADURAI BENCH OF MADRAS HIGH…
What the court decided
AI extract
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.20241 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.20241 of 2016
V.Gunasekaran ...Petitioner
Vs.
1.The Tahildar, Madurai North Taluk, Madurai.
2.The Surveyor, Madurai North Taluk, Madurai District.
3.P.Muniyasamy 4.P.Chokkar 5.M.Balamurugan 6.A.Thangabalamurugan ...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 1 & 2 herein to survey the petitioner's property comprised in Old Survey Nos.294/4 and 294/6, New Survey No. 164/5 admeasuring 5 cents situated at Sirudhur Village, Madurai
1/5
W.P(MD)No.20241 of 2016
North Taluk, Madurai District by laying Survey Stone upon the petitioner's representations dated 02.03.2015 and 16.08.2016 and for other reliefs.
For Petitioner : Mr.J.Lawrance For R1 & R2 : Mr.M.Sarangan Additional Government Pleader For R3 to R6 : Mr.P.Banu Prasath
O R D E R
This Writ Petition is filed for a Mandamus, directing the respondents 1 & 2 herein to survey the petitioner's property comprised in Old Survey Nos.294/4 and 294/6, New Survey No. 164/5 admeasuring 5 cents situated at Sirudhur Village, Madurai North Taluk, Madurai District by considering his representations dated 02.03.2015 and 16.08.2016.
2.Today(26.06.2023), when this writ petition is taken up for hearing, the learned Additional Government Pleader appearing for the official respondents submits that the request of the petitioner for surveying the subject property was rejected on the ground that
2/5
W.P(MD)No.20241 of 2016
the subject land belongs to four persons and at request of the petitioner alone, it cannot be entertained, without ascertaining the respective shares of other persons. The learned Additional Government Pleader has also produced a copy of the proceedings of the Tahsildar, Madurai North in Na.Ka.No.422/2018/S2 dated 20.06.2023.
3.Recording the submission of the learned Additional Government Pleader, this writ petition is dismissed with a liberty to the petitioner to challenge the proceedings in the manner known to law. No Costs.
26.06.2023
NCC : Yes / No. Index : Yes / No. vrn
W.P(MD)No.20241 of 2016
To
W.P(MD)No.20241 of 2016
B.PUGALENDHI, J.
vrn
Order made in W.P(MD)No.20241 of 2016
26.06.2023
1 issue framed by the court
Whether the Tahsildar's rejection of a survey request because the land belongs to multiple persons constitutes a valid ground for dismissal.
Gunasekaran
The Tahildar, Madurai North Taluk, Madurai
The Surveyor, Madurai North Taluk, Madurai District
P. Muniyasamy
P. Chokkar
M. Balamurugan
B. Pugalendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court