1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.04.2011 CORAM THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P.(MD)No. 1531 of 2011 Solaimalai ... Petitioner Vs. 1. The Tashildar, Vadipattti,Madurai District. 2. The Firka Surveyor, Thenkarai,Vadipatti Tauk, Madurai District. 3. Sellam ... 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 the petitioner's property and to fix the boundary by considering the petitioner's application dated 14.12.2010 within the time frame limit as may be fixed by this Court and pass any other order or orders as this Court may deem fit and proper as to the circumstances of the case. For Petitioner : Mr. T.A. Ebenezer For R1 & R2 : Mr. K.Balasubramanian Government Advocate For R3 : Mr.R.Subramanian O R D E R The petitioner has filed an application to survey his land and fix the boundary for which he made an application on 14.12.2010. The only contention of the learned counsel for the petitioner is that the boundary already fixed by the respondents is wrong. The petitioner has paid fees to survey his land. Pursuant to that, the second respondent also issued notice on 23.12.2010 calling upon him to be present for the inspection on 20.1.2011. Even though the petitioner was present on that day, the officials did not come for survey. Further he would contend that taking advantage of the wrong boundary, the third respondent is attempting to put up construction. Therefore, the petitioner has come forward with the Writ Petition before this Court. 2. The third respondent would only contend that the petitioner has no loco standi and legal right to measure his property and the properties are within their limits and unnecessarily the third respondent was impleaded as a party. 3. The learned Government Pleader only contend that the application was received and necessary steps are being taken to survey https://hcservices.ecourts.gov.in/hcservices/ 2 the land and due to election, they are not able to do so immediately. 4. Heard all the parties. By consent, this main Writ Petition is taken up for final disposal. 5. Taking into consideration the limited prayer of the petitioner for a direction to the second respondent to consider the petitioner's application for re-survey which is pending from 14.12.2010, suffice it to direct the second respondent will inspect the property and survey the land after giving notice to the third respondent and all other persons concerned, who will be affected by this order and then, conduct survey and submit report and dispose of the application filed by the petitioner within a period of eight months from the date of receipt of copy of this order. 6. With the above observations, this Writ Petition is disposed of. No costs. SD/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar To 1. The Tashildar, Vadipattti,Madurai District. 2. The Firka Surveyor, Thenkarai,Vadipatti Tauk, Madurai District. +1 CC TO MR. T.A. EBENEZER, ADVOCATE S.R NO. 12833 +1 CC TO MR.N.R. SUBRAMANIAN, ADVOCATE S.R NO. 12835 +1 CC TO THE SPECIAL GOVERNMENT PLEADER S.R NO. 12887 W.P.(MD)No. 1531 of 2011 6.4.2011 ses PAM 21.04.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/