Shanmugaraj v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Shanmugaraj ... Petitioner Vs.

1.The Tahsildar, Taluk Office, Sathur Taluk, Virudhunagar District.

2.The Taluk Head Surveyor, Taluk Office, Sathur Taluk, Virudhunagar District.

... 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 to survey and fix the boundary of the petitioner's land situated in Survey No.155, Sub Division No.2A1A at Sathirapatti Village, Sathur Taluk, Virudhunagar District based on petitioner's representation dated 01.03.2024 within stipulated time framed by this Court.

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For Petitioner : Mr.S.Sundarapandian For Respondents : Mr.T.Villavan Kothai Additional Government Pleader

ORDER

Heard both sides.

2. Patta in respect of the land stood in the joint names of Sangaiya and John Selvaraj. Sangaiya had filed appeal before the Revenue Divisional Officer challenging the inclusion of the name of John Selvaraj. In the meanwhile, John Selvaraj sold the property in favour of the petitioner. The question is whether survey can be conducted at the instance of the petitioner. If the petitioner can secure the consent of Sangaiya, then survey can be conducted. So long as the patta is joint and Sangaiya is also raising objection, the request of conducting survey cannot be accepted.

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3. Granting liberty to the petitioner to renew his request after the situation turns favourable, this writ petition is dismissed. There shall be no order as to costs.

08.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The Tahsildar, Taluk Office, Sathur Taluk, Virudhunagar District.

2.The Taluk Head Surveyor, Taluk Office, Sathur Taluk, Virudhunagar District.

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G.R.SWAMINATHAN, J.

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