Writ petition seeking direction to survey and demarcate petitioner's five cents in Survey No.5/2A1A1A1 with police protection. Court, without deciding merits, directed respondents 1 and 2 to consider the online application on merits within twelve weeks after notice to patta-holders.
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W.P.(MD) No.15418 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.P.(MD) No.15418 of 2025
M.John Peter ... Petitioner
Vs.
... Respondents
Prayer :- Petition filed under Article 226 of the Constitution of India,
praying for issuance of Writ of Mandamus, directing the first and second
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W.P.(MD) No.15418 of 2025
respondents to survey and demarcate the property comprised in Survey No.5/2A1A1A1 to an extent of 5 cents situated at Mullakadu 1st bit Village, Thoothukudi Taluk, Thoothukudi District and consequently, direct the 3rd and 4th respondents to provide adequate police protection at the time of conducting survey.
For Petitioner : Mr.R.Murugan For R1 & R2 : Mrs.KMalathi Additional Government Pleader For R3 & R4 : Mr.M.Vaikkam Karunanithi Government Advocate
ORDER
The petitioner herein seeks a direction to the respondents 1 and 2
to survey his property comprised in Survey No.5/2A1A1A1, measuring an extent of 5 cents, situated in Mullakadu 1st bit Village, Thoothukudi Taluk, Thoothukudi District.
2.Heard the arguments of Mr.R.Murugan, learned counsel appearing for the petitioner, Mrs.K.Malathi, learned Additional
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W.P.(MD) No.15418 of 2025
Government Pleader appearing for the respondents 1 and 2 and Mr.M.Vaikam Karunanithi, learned Government Advocate appearing for the respondents 3 and 4. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.
3.It is the case of the petitioner that he purchased five cents of land in the above mentioned survey number with plot No.126 under a registered sale deed dated 08.01.2024. The patta for the said property has been issued in the names of 145 persons in Patta No.1817, as seen from the patta included in the typed set of papers. The petitioner submitted an online application in Application No.2025/0123/28/007531, dated 12.05.2025, seeking survey of the land purchased by him and he also paid necessary charges for the survey. However, the same has not been considered till date. Therefore, the petitioner has come before this Court.
4.The learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that the application submitted by the petitioner will be considered on its own merits with in a time stipulated
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W.P.(MD) No.15418 of 2025
by this Court.
5.In view of the same, without going into the merits of the claim made by the petitioner, the respondent 1 and 2 are directed to consider the online application of the petitioner dated 12.05.2025 and to pass final orders on its own merits, within a period of twelve weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner and other persons mentioned in Patta No.1817 produced by the petitioner and other interested parties, if any. Accordingly, this Writ Petition is disposed of. No costs.
06.06.2025
NCC : Yes/No Index : Yes/No Internet : Yes/No cp To
1.The Thasildar, Taluk Office, Thoothukudi Taluk, Thoothukudi District.
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W.P.(MD) No.15418 of 2025
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W.P.(MD) No.15418 of 2025
S.SOUNTHAR,J
cp
W.P.(MD)No.15418 of 2025
Dated: 06.06.2025
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1 issue framed by the court
Whether the revenue authorities must consider the petitioner's online survey application dated 12.05.2025 and pass final orders.
1 provisions across 1 enactments
M.John Peter
The Thasildar, Taluk Office, Thoothukudi Taluk, Thoothukudi District
The Firga Surveyor, Taluk Office, Thoothukudi Taluk, Thoothukudi District
The Superintendent of Police, Thoothukudi
The Inspector of Police, Thermal Nagar Police Station, Thoothukudi
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
