Arockiyam.M v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2025
CORAM:
THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.2122 of 2024 M.Arockiyam ... Petitioner .Vs.
1.The Tahsildar, Nilakottai Taluk, Dindigul District.
2.The Firka Surveyor, Segugampatti Village, Nilakottai Taluk, Dindigul District.
3.The Inspector of Police, Batlagundu Police station, Dindigul District.
4.Selvin Francis 5.Jesuraj 6.Mariyalatha 7.Gowsalya @ Velankanni 1/7
8.Nelson Selva 9.Arockiya Ammal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 and 2 to survey and demarcate the Petitioner's property in S.No.1098/3C, Sevugampatti Village, Nilakottai Taluk and Dindigul District by considering the echallan, dated 6.5.2023 within the time stipulated by this Court. For Petitioner : Mr.K.R.Manimaran For Respondents : Mr.A.Baskaran 1 and 2 Addl.Govt. Pleader For Respondent-3 : Mr.M.Vaikkam Karunanithi\ Govt.Advocate(Crl.Side) For Respondents : Mr.R.Ramanujam 4 to 9 for M/s.Gandhi Associates
O R D E R
The Writ Petition is filed seeking a direction to the respondents 1 and 2 to survey and demarcate the Petitioner's property in S.No.1098/3C, Sevugampatti Village, Nilakottai Taluk and Dindigul District by considering the e-challan, dated 6.5.2023 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 2/7
3.According to the Petitioner, 73 cents of land in S.NO. 1098/3C is his ancestral property. During the lifetime of the Petitioner's father, he was managing the property as Kartha of the Joint family. Father of the Petitioner died on 17.2.1993, leaving behind the Petitioner and his brother Vedabothagar as his legal heirs. On 17.2.1993, there was a partition between the Petitioner and his brother Vedabothagar and as per the partition deed, the Petitioner was allotted half share in eastern side. The Petitioner's brother was allotted half share on the western side. Since no separate patta was issued to the share of the petitioner, he filed an application before the first respondent seeking survey and sub division of the property based on the partition deed. The same has not been considered till date. Hence the Petitioner is before this Court with the present Writ Petition for the relief stated supra. 4.The Private respondents 4 to 9 are the legal heirs of the Petitioner's brother Vedabothagar. Therefore, they are impleaded as respondents in this writ Petition.
5.The learned Additional Government Pleader appearing for the official respondents 1 and 2 would submit that pursuant to the application submitted by the Petitioner, survey notice was issued 3/7
to the parties fixing the date of survey as 18.01.2024 and on that date, no survey was conducted due to the objection raised by the private respondents.
6.The learned counsel for the private respondents would submit that in the guise of surveying, the Petitioner is attempting to dispossess the private respondents.
7.Mere survey of the property will not result in dispossession of any of the parties and it will not affect the substantial rights of the parties over the subject property. Therefore, the apprehension expressed by the private respondents was not well-founded.
8.In view of the same, without expressing any opinion on the merits of the matter, the first respondent is directed to issue notice to the Petitioner and private respondents 4 to 9 and conduct an enquiry with regard to the application submitted by the Petitioner seeking survey and sub-division of the subject property. The application submitted by the Petitioner shall be considered and final orders be passed on its own merits after affording reasonable opportunity to the Petitioner and private respondents 4 to 9, within a period of 8 weeks from the date of a 4/7
copy of this order.
9.With the above directions, the Writ Petition stands disposed of. No costs.
10.07.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The Tahsildar, Nilakottai Taluk, Dindigul District.
2.The Firka Surveyor, Segugampatti Village, Nilakottai Taluk, Dindigul District.
3.The Inspector of Police, Batlagundu Police station, Dindigul District.
5/7
S.SOUNTHAR.,J.
vsn ORDER MADE IN W.P(MD)No.2122 of 2024 6/7
10.07.2025 7/7