Shantha v. Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI Shantha, rep.by Power of Attorney G.Anitha ... Petitioner Vs 1 Revenue Divisional Officer, Vallam Road, Thanjavur District.

2 The Tahsildar, Orathanadu Taluk, Thanjavur District.

3 The Taluk Deputy Surveyor, Orathanadu Taluk, Thanjavur District.

4 K.Aasaithambi ...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the 2nd and 3rd respondents herein to survey and demarcate the boundaries of the land situated in Survey no. 102A/1 (Patta No.1399) Thirumangalakkottai Melaiyur village, Orathanadu Taluk, Thanjavur District.

For Petitioner :

Mr.Karthik, for Mr.R.Agileswaran.

For Respondents 1 to 3: Mr.S.Kameswaran, Govt. Advocate.

ORDER

Heard the learned counsel for the petitioner and also the learned Government Advocate for the official respondents.

2. Considering the limited scope of the relief sought for, the Writ Petition is taken up for final disposal at the admission stage itself, with the consent of the parties.

3. The petitioner seeks issuance of writ of mandamus, to direct the respondents 2 and 3 to survey and demarcate the boundaries of the petitioner's land within a time frame.

4. The petitioner has made an application to the official respondents way back on 27.12.2023, and also paid necessary fee, prescribed for the survey.

5. It is the grievance of the petitioner that at the instance of the fourth respondent, the survey has not been conducted, though more than a year has passed by.

6. Learned Government Advocate, appearing for the respondents, would submit that there is a likelihood of the law and order situation at the time of survey and hence the survey can be directed in the presence of police officials.

7. Recording the said submission of the learned Government Advocate, this Writ Petition is allowed, directing the respondents 2 and 3 to conduct survey and demarcate the boundaries of the petitioner's land, situated in Survey No.102A/1 (Patta No.1399), Thirumangalakkottai Melaiyur village, Orathanadu Taluk, Thanjavur District, after putting the fourth respondent on notice. Second and third respondents are at liberty to seek assistance of police officials for preventing any breach of peace, while conducting survey. The said exercise shall be concluded within a period of twelve weeks from the date of receipt of copy of this order. No costs. 04.02.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit

To:

1 Revenue Divisional Officer, Vallam Road, Thanjavur District.

2 The Tahsildar, Orathanadu Taluk, Thanjavur District.

3 The Taluk Deputy Surveyor, Orathanadu Taluk, Thanjavur District.

P.B.BALAJI, J.

dixit 04.02.2025