Senthamarai v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2025

CORAM:

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

1. The Tahsildar Office of the Tahsildar, Alangulam, Tenkasi District.

2. The Head Surveyor Office of the Tahsildar, Alangulam, Tenkasi District.

3.Shanmugavel 4.Ramar .... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to survey the land in connection with Survey No.840/3A and 840/3B at Venkadampatti-I Village, Alangulam Taluk, Tenkasi District with police protection at the time of survey the land by considering the petitioner's petition no. 2025/0123/34/005189 dated 01.03.2025 within time frame as fixed by this Court.

1/4

For Petitioner : Mr.D.S.Haroon Rasheed For R1 & R2 : Mr.M.Lingadurai Special Government Pleader

ORDER

The petitioner has sought for survey of his lands by making an application on 01.03.2025. Even according to the petitioner, the other copattadhars, who are respondents 3 & 4, are objecting to survey being conducted.

2. On going through the sale deed under which the petitioner has purchased the subject lands, I find that the petitioner has only purchased 1/3 undivided share in a larger extent of the property, which alone is bounded on 4 sides by definite boundaries. In such view of the matter, two options are open to the petitioner are, viz., either to get consent of the other co-pattadhars or alternatively file a suit for partition and separate possession and after becoming entitled to a specific property bounded on 4 sides, then the petitioner shall be entitled to apply for survey.

2/4

3. In view of the above, the writ petition is dismissed. No costs. Index : Yes / No NCC : Yes / No 20.03.2025 am To

1. The Tahsildar Office of the Tahsildar, Alangulam, Tenkasi District.

2. The Head Surveyor Office of the Tahsildar, Alangulam, Tenkasi District.

3/4

P.B. BALAJI , J.

am Order made in Dated:

20.03.2025 4/4