1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:19.07.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.7993 of 2011 and M.P.(MD)No.1 of 2011 M.Arunachalam .. Petitioner Vs. 1. The Tahsildar, Sankarankovil Taluk, Tirunelveli, Tirunelveli District. 2. The Taluk Head Surveyor, Sankarankovil Taluk, Tirunelveli District. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the second respondent in his proceedings in X.K.M 9/2755/2011 dated 25.05.2011 on the ground that the same is arbitrary and illegal and quash the same and consequently directing the second respondent to survey the Natham lands comprised in S.No.1347/20 at Vellakulam Village, Sankarankovil Taluk, Tirunelveli District and fix boundary with survey stones. For Petitioner : Mr.K.Prabhu For Respondents : Mr. R.Anandha Raj, Government Advocate. O R D E R This Writ Petition has been filed by the petitioner for a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the second respondent in his proceedings in X.K.M 9/2755/2011 dated 25.05.2011 on the ground that the same is arbitrary and illegal and quash the same and consequently directing the second respondent to survey the Natham lands comprised in S.No.1347/20 at Vellakulam Village, Sankarankovil Taluk, Tirunelveli District and fix boundary with survey stones. 2. Heard Mr.K.PrabhU, learned Counsel for the petitioner and Mr.R.Anandha Raj, learned Government Advocate, who takes notice for the respondents. 3. By consent, the writ petition itself is taken up for final disposal. 4. The petitioner claims himself to be the owner of the property in Survey Nos.1347/19 and 1347/20 at Vellakulam, Sankarankovil Taluk, Tirunelveli District and he has also patta No.690 and patta No.14 for the https://hcservices.ecourts.gov.in/hcservices/ 2 above said survey numbers. According to the petitioner, one Sankarappan, Pothiraj and Thirupathi filed O.S.No.387 of 2004, on the file of the Additional District Munsif Court, Sankarankovil. The suit was dismissed on 31.01.2008. The said Sankarappan and others, who were the plaintiffs in the above suit, preferred an appeal before the Sub-Court, Sankarankovil in A.S.No.36 of 2008 and the appeal suit was dismissed for default on 29.01.2010. 5. In paragraph 4 of the affidavit, the petitioner has stated that the appellants/plaintiffs have not restored the appeal so far. Since the suit has been dismissed and there is no appeal pending, the petitioner made a representation to the first respondent and the second respondent to survey the above stated lands and he has paid the necessary survey fee under proper chalan. 6. The second respondent, without considering the above factors, has merely rejected the petitioner's request by stating that the petitioner should approach the Court for appointment of Commissioner to survey the property. 7. In the order challenged before this Court, there is no reference about any pending proceedings or interim orders restraining the authority from measuring the property. A bald order without any basis has been issued by the second respondent, which is on the face of it, does not appear to be correct. It is the statement of the petitioner that the suit has been dismissed and the appeal has also been dismissed for default. Then, there can be no impediment for the second respondent to survey the land, if the petitioner is paid necessary fee. The reason given in the impugned order does not appear to be justified and there is no basis. Accordingly, the same is set aside and the second respondent is directed to survey the land mentioned in the petition. 8. In the result, this Writ petition is allowed as prayed for by the petitioner. Consequently, the connected Miscellaneous Petition is also closed. No costs. ssl Sd/- Assistant Registrar[Records] /True copy/ To Sub Assistant Registrar 1. The Tahsildar, Sankarankovil Taluk, Tirunelveli District. 2. The Taluk Head Surveyor, Sankarankovil Taluk, Tirunelveli District. +1 cc to Special Government Pleader, SR.No.23710. W.P(MD)No.7993 of 2011 and M.P.(MD)No.1 of 2011 Dated:19.07.2011 2P/4C RPB 28.07.2011 https://hcservices.ecourts.gov.in/hcservices/ 3 19.07.2011 https://hcservices.ecourts.gov.in/hcservices/