Isravel v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI Isravel ... Petitioner Vs.

1.The Thasildhar, Usilampatti Taluk, Madurai District.

2.The Taluk Surveyor, Usilampatti Taluk, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd Respondent surveyor to fix the Meets and bounds pertaining to petitioner's land bearing survey No.335/1B2 (at present the new Town Survey No.10/24) along with the adjacent land survey proposed to be held on 22.03.2025 for survey No.335/1B3 (new Town Survey No.10) of Usilampatti Town, Madurai District as per the partition deed No. 1/3535/1952, dated 17.11.1952.

For Petitioner : Mr.K.K.Samy For Respondents : Mr.C.Satheesh Government Advocate 1/4

O R D E R

The petitioner has filed the application for survey on 14.03.2025. To consider the same, the present writ petition.

2. It is the grievance of the petitioner that in respect of adjoining land, on application made by the neighbour of the petitioner, the survey officials have fixed tomorrow i.e., 22.03.2025 for surveying the neighbouring lands. Therefore, the petitioner has rushed to make an application on 14.03.2025 to also survey his lands based on a registered partition deed.

3. The learned counsel for the petitioner states that the person who has already made an application for survey is only a purchaser from co-sharer, who was entitled to portion the property and the very same partition deed.

4. The learned Government Advocate would bring it to my notice that in few cases, it turns out that, the documents, on which reliance has been placed on by the applicants turn out to be forged or fabricated and these documents are contested by the persons, who are objecting for issuance of patta or survey of the lands, or on coming to know of the patta issued, or survey conducted, come 2/4

forward with petitions and complaints.

5. In view of the submission made by the learned Government Advocate, it is made clear that in the event of any such dispute arising at the time of enquiry or before the survey, then the respondents are not obligated to go ahead with the survey and they are well within their rights to direct the parties to approach the competent Civil Court to get necessary relief.

6. In the present case, there can be no impediment for the survey authorities to conduct survey of the petitioner's property in terms of his application, dated 14.03.2025 along with the request of the neighbouring land owner, for which survey has been fixed on 22.03.2025 in the presence of the petitioner and the neighbouring land owners.

7. With the above directions, this Writ Petition stands disposed of. No costs.

21.03.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg 3/4

P.B.BALAJI , J.

gbg To:

1.The Thasildhar, Usilampatti Taluk, Madurai District.

2.The Taluk Surveyor, Usilampatti Taluk, Madurai District.

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