Annadurai v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2025
CORAM
THE HON'BLE MR.JUSTICE P.B.BALAJI Annadurai : Petitioner Vs.
1. The District Collector, Thanjavur District, Thanjavur.
2. The Thasildar, Thiruvonam Taluk, Thanjavur District.
3. The Frika Surveyor, Sivaviduthi Village, Kaduvettividuthi Panchayat, Thiruvonam Taluk, Thanjavur District.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the 2nd and 3rd respondents to conduct survey as per Tamil Nadu Survey and Boundaries Act, 1923 and to fix boundaries in respect of lands comprised in Survey No. 129B/13A, 129B/13B, 129B/13C, 131/17A, 1/6
131/17B, 131/18, 131/19, 131/20, 131/21, 132A/17, 149B/12, 149B/13, 149B/14, 149B/1A, 149B/1B, 149B/4, 149B/7, 149/9A and 149B/9B situated at situated at Sivaviduthi Village, Thiruvonam Taluk, Thanjavur District, on the basis of petitioner's Representation dated 26.02.2025 within a time frame fixed by this Court. For Petitioner : Mr.T.Eashwar For Respondents : Mr.M.Lingadurai Special Government Pleader
O R D E R
Heard the learned Counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader appearing for the respondents.
2.The petitioner seeks issuance of a Writ of Mandamus, to direct the survey to be conducted based on the petitioner's application dated 18.01.2025 and representation dated 26.02.2025. The petitioner's father has purchased various lands under registered sale deeds.
3.Learned Special Government Pleader would submit that insofar as the separate pattas standing in the petitioner's father's name, there will be no difficulty to conduct survey. However, insofar 2/6
as the pattas in the joint names of various co-owners, unless the said co-owners consent for the survey, the authorities cannot go ahead with the survey in terms of the application dated 18.01.2025. 4.In view of the above, the Writ Petition is disposed of, in the following manner:
"With regard to the survey sought for where patta is standing in the name of the petitioner's father or the petitioner, the authorities shall conduct the survey based on the said application within a period of eight [8] weeks from the date of receipt of a copy of this order. Insofar as the survey which is sought for, where patta is mutated in joint names, the petitioner shall get "No Objection Certificate" or consent affidavits from the other co-owners whose names are also reflected in the joint patta and on such production of the necessary No Objection / consent affidavits from the co-owners / pattathars, the survey shall be conducted thereafter, within a period of eight [8] weeks from the date of receipt of the consent affidavits. The first respondent shall also approach the jurisdictional police calling 3/6
necessary assistance, if the first respondent apprehends any breach of peace."
There shall be no order as to costs.
19.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 4/6
To
1. The District Collector, Thanjavur District, Thanjavur.
2. The Thasildar, Thiruvonam Taluk, Thanjavur District.
3. The Frika Surveyor, Sivaviduthi Village, Kaduvettividuthi Panchayat, Thiruvonam Taluk, Thanjavur District.
5/6
P.B.BALAJI.
, J.
MR 19.03.2025 6/6