JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondent to survey and measure the property in S.Nos.489, 490, 494, 499, 500, 501, 502 of Pudukulam Village, Sattankulam Taluk, supported by patta, by disposing the petitioner''s representation dated 13.05.2015, within a stipulated time limit.)

1. According to the petitioner, the properties in Survey Nos.489, 490, 494, 499, 500, 501 & 502 of Pudukulam Village, Sattankulam Taluk, belong to his Uncle and he is in enjoyment of the properties. In order to measure and fix the boundary lines, he has approached the respondent / Tahsildar by way of a representation, during the Zamapanthi held on 13.05.2015. The respondent / Tahsildar, by memo dated 15.06.2015, directed the petitioner to approach the concerned authority and to pay the necessary fees for survey and also to be prepared with the required stones at the time of survey. Aggrieved over such response, the petitioner has approached this Court for a Mandamus directing the respondent / Tahsildar to survey and measure the properties, by considering his representation dated 13.05.2015.

2. Since the writ petition is pending from the year 2016, this Court by order 22.02.2023 directed the learned Additional Government Pleader to get instructions as to the status of the petitioner''s representation dated 13.05.2015 and adjourned the matter. The learned Additional Government Pleader expressed his difficulties in getting instructions and sought further time. Therefore, this Court directed the the District Surveyor, Tuticorin, to be present before the Court and to explain as to the steps taken by them on the representation of the petitioner dated 13.05.2015 and the memo of the respondent dated 15.06.2015.

3. Accordingly, the District Surveyor appeared before this Court on 02.03.2023 and submitted that the measurements have already been completed on 28.02.2023, as per the directions of this Court.

4. In fact, this Court has not issued any such direction to survey the properties, as claimed by the Officer. This Court only wanted to know the status of the petitioner''s representation dated 13.05.2015 and the difficulty in disposing the same for the past eight years, whereas, a different color has been given and the measurements have been made, as if this Court has directed for such measurements.

5. In fact, the petitioner''s right over the properties itself is not clear. While entertaining this writ petition, this Court, by order dated 12.02.2016, directed the petitioner to file an affidavit regarding the ownership of the properties. However, no such affidavit was filed by the petitioner till date.

6. Admittedly, the petitioner is not the owner of the subject properties and even according to him, the properties belong to his Uncle, one Ponnusamy Nadar. According to the petitioner, the said Ponnusamy Nadar is no more and that he is occupation of those lands. It is not known as to the authority under which the petitioner is in occupation of the properties. Nor it can be inferred from the available papers, that this petitioner has approached the survey department for the measurement of lands by paying necessary fees as required under the survey manual.

7. The petitioner has submitted a representation during the Zamapanthi held on 13.05.2015 and the respondent / Tahsildar by memo dated 15.06.2015, directed him to file an application before the concerned Department. The petitioner, without approaching the survey department and without paying the necessary fees for measurement and without establishing his right over the properties for taking the measurement, has approached this Court for a mandamus.

8. In the absence of any material that the petitioner is the legal heir of Ponnusamy Nadar and without establishing that he has approached the concerned Surveyor by paying necessary fees, the petitioner is not entitled for a mandamus, as prayed for.

9. Accordingly, this writ