Ravichandran v. The Thasildhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2025 CORAM :

THE HON'BLE MR.JUSTICE P.B.BALAJI Ravichandran ... Petitioner Vs

1. The Thasildhar, Mudukulathur Taluk, Ramanathapuram District.

2. The Surveyor, Mudukulathur Taluk, Ramanathapuram District.

3. The Inspector of Police, Mudukulathur Police Station, Ramanathapuram 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 respondent no. 1 and 2 herein to conduct survey and demarcate four boundaries in respect of the property comprised in Sur No. 214/2B, situated at Kakkoor Village, Mudukulathur Taluk, Ramanathapuram District with the aid of the respondent no. 3 and consequently direct the 1/5

respondent no. 1 and 2 to issue survey report within a stipulated time period in accordance with law on the basis of the application dated 21.06.2024.

For Petitioner : Mr.G.Vishnuram, For R1 & R2 : Mr.C.Satheesh Government Advocate For R3 : Mr.S.Prakash Government Advocate (Crl.Side)

O R D E R

Heard the learned Counsel for the petitioner as well as Mr.C.Satheesh, learned Government Advocate for the respondents 1 and 2.

2.Considering the relief sought for in the writ petition, with the consent of the learned Counsel appearing on either side, this writ petition is taken up for final disposal at the time of admission. 3.The case of the writ petitioner is that the property belongs to his paternal uncle one Mookathevar, s/o. Irulandi Thevar, who died without leaving behind any class I legalheirs and therefore his brother's children 2/5

including the writ petitioner are the Class II legalheirs entitled to the said property. It is also an admitted position that even during the lifetime of the said Moothathevar, a portion of the property was alienated in favour of one K.Bose and thereafter subdivision has been effected and the property retained by Mookathevar has been assigned S.No. 214/2B by order dated 12.10.2023. The petitioner, subsequent to the demise of Mookathevar, has sought for survey of the lands comprised in Survey No.214/2B alone.

4.Mr.C.Satheesh, learned Government Advocate would invite my attention to the plant in O.S.No.218 of 2023 filed by the purchaser from the petitioner's uncle Mr.Late Mookathevar and in the said suit, the petitioner has sought for relief of declaration and permanent injunction in respect of the property purchased by him from E. Mookathevar, which is evident from paragraph No.3 of the plaint. Therefore, the said suit is not related to the property that is in respect of which survey is sought for. 5.In view of the above, the respondents shall conduct survey based on petitioner's application for survey and demarcation dated 21.06.2024, after issuing notice to any other interested parties. The said exercise 3/5

shall be completed within a period of eight weeks date from the date of receipt of a copy of this order.

6.With the above direction, this writ petition is disposed of. No costs.

12.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR To

1. The Thasildhar, Mudukulathur Taluk, Ramanathapuram District.

2. The Surveyor, Mudukulathur Taluk, Ramanathapuram District.

3. The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District.

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P.B.BALAJI , J.

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