M.Ramasundarakani v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI M.Ramasundarakani .... Petitioner /Vs./ 1.The Tahsildar, Thisayanvilai Taluk, Tirunelveli District.

2.The Taluk Surveyor, Thisayanvilai Taluk, Tirunelveli District.

3.R.Rajakumar ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 & 2 to exclude the petitioner's property bearing S.No.158/11B in Kannanallur Village, Valliyoor Sub Registrar Office, Tirunelveli District. For Petitioner : Mr.V.Karuppasamy For R1 & R2 : Mr.S.Kameswaran Government Advocate 1/5

ORDER

The Writ Petition is taken up for final disposal, with the consent of parties, at the admission stage itself.

2. I have heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. The petitioner has filed the writ petition seeking issuance of writ of mandamus to direct the respondents 1 & 2 to exclude his property in S.No.158/11B, Kannanallur Village, Valliyoor Sub Registrar Office, Tirunelveli District.

4. The petitioner's contention is that she purchased the property in survey number 150/11B under sale deed bearing document No.503/1989 on the file of the Valliyoor Sub Registrar Office. However, by mistake, the survey number has been mentioned as 158/24 instead of S.No.158/11B. According to the petitioner, the boundaries of all four sides of the extent was correctly mentioned. The petitioner has filed 2/5

copy of the writ petition in W.P(MD)No.27826 of 2024, where, the third respondent has approached this Court with a prayer to measure the 3rd respondent's property and fix boundaries in respect of the subject property. The said writ petition was allowed on 21.11.2024. No doubt, the petitioner herein was not made a party to the said writ petition. However, even from her own showing as seen from the affidavit in support of the writ petition, the registered sale deed in favour of the petitioner is only in respect of S.No.158/24 and not 158/11B. Unless the said error, which according to the petitioner, has crept in the sale deed is rectified, the petitioner cannot seek for prayer sought for in the writ petition, namely, to exclude his property in survey number 158/11 B.

5. In view of the above, there is no merit in the writ petition, hence, the writ petition is dismissed. However liberty is granted to petitioner to renew the prayer after getting the sale deed rectified in the manner known to law. No costs.

Index : Yes / No NCC : Yes / No 06.02.2025 am 3/5

TO:- 1.The Tahsildar, Thisayanvilai Taluk, Tirunelveli District.

2.The Taluk Surveyor, Thisayanvilai Taluk, Tirunelveli District.

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P.B. BALAJI , J.

am Order made in Dated:

06.02.2025 5/5