Murugesan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2025

CORAM

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

1.The Tahsildar, Office of Taluk Office, Viralimalai Taluk, Pudukkottai District.

2.The Surveyor, Office of Surveyor Office, Viralimalai Taluk, Pudukkottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to survey and measure the petitioner's property comprised in survey Number.302/1A and in Patta number.208 situated at Neerpalani, Viralimalai Taluk, Pudukkottai District on the basis of the petitioner's representation, dated 15.03.2025 within the time stipulated by this Court.

For Petitioner : Mr.J.Vishnu For Respondents : Mr.B.Saravanan Additional Government Pleader 1/4

O R D E R

The petitioner seeks issuance of writ of mandamus to direct the respondents to conduct survey based on the petitioner's application, dated 07.03.2025.

2. The petitioner has also given a representation on 15.03.2025. The petitioner seeks to have this representation to be acted by the respondents. Hence, the present writ petition.

3. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.

4. The learned Additional Government Pleader 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 forward with petitions and complaints. 2/4

5. In view of the submission made by the learned Additional Government Pleader, 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. Considering the limited relief sought for in this case, this Court directs the respondents to conduct survey based on the petitioner's application, dated 07.03.2025 and pass orders within a period of twelve (12) weeks from the date of receipt of copy of this order.

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 Tahsildar, Office of Taluk Office, Viralimalai Taluk, Pudukkottai District.

2.The Surveyor, Office of Surveyor Office, Viralimalai Taluk, Pudukkottai District.

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