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Madras High CourtWP(MD)/2720/2025disposed of

Fathimabeevi v. The Tahsildar

2025-02-06Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Fathimabeevi ... Petitioner /Vs./

1. The Tahsildar Peravurani Taluk Office, Peravurani, Thanjavur District.

2. The Taluk Surveyor Peravurani Taluk Office, Peravurani, Thanjavur District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to conduct survey the property comprised survey Nos. 38/9, 45/2A, 38/5, 45/1, 46/4 , 59/3E2B, 43/10A and 43/5D situated at Senthavayal Village, Peravurani Taluk, Thanjavur District, on the basis of petitioner's application dated 23.10.2024 within time frame fixed by this Court. For Petitioner : Mr.M.Silambarasan For Respondents : Mr.B.Saravanan Additional Government Pleader 1/4

ORDER

The Writ Petition has been filed seeking limited relief of Writ of Mandamus, to direct the respondents to conduct Survey in Survey Nos. 38/9, 45/2A, 38/5, 45/1, 46/4 , 59/3E2B, 43/10A and 43/5D situated at Senthavayal Village, Peravurani Taluk, Thanjavur District.

2. The learned Government Advocate, Mr.C.Satheesh, on instructions, submits that there is a patta held jointly in respect of some of the subject lands and therefore, the petitioner may be directed to approach Competent civil Court.

3. The petitioner has sought for individual patta, which is not granted because the survey and subsequent subdivision have not been carried out in the property.

4. I do not see any impediment for the respondents to carry out a survey, on the representation of the petitioner, since the respondents have to conduct a survey on the petitioner's application, especially, in the light 2/4

of the registered sale deed, in favour of the petitioner, which is the property conveyed in favour of the petitioner with identifiable and definite boundaries. However, it is needless to say that as the patta is held jointly, the respondents shall give an opportunity to the other copattadhars before passing any final orders. The said exercise shall be completed within a period of twelve (12) weeks date of receipt of copy of this order. If the respondents require any protection from the police officials, they shall request the police officials to give necessary protection at the time of survey, which shall be provided by the concerned police.

5. With the above direction, the Writ Petition is disposed of. No costs.

Index : Yes / No 06.02.2025 NCC : Yes / No LS 3/4

P.B. BALAJI , J.

LS TO:-

1. The Tahsildar Peravurani Taluk Office, Peravurani, Thanjavur District.

2. The Taluk Surveyor Peravurani Taluk Office, Peravurani, Thanjavur District.

Order made in Dated:

06.02.2025 4/4