K.Renga Doss v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI K.Renuga Doss ... Petitioner Vs.

1.The Tahsildar, Arupukottai Taluk, Virudhunagar District.

2.The Taluk Surveyor, Arupukottai Taluk, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to conduct survey in the property situated in Old S.No.143/1 and New S.No.143/1A1A1A1A1 to an extent of 3.63 cents of the land in Kullursanthai Village, Arupukottai Taluk, Virudhunagar District and issue patta in favour of the petitioner by considering the petitioner's online application in Application No.2025/0123/26/006387, dated 04.03.2025.

For Petitioner : Mr.G.R.Satish For Respondents : Mr.M.Lingadurai Special Government Pleader 1/5

O R D E R

The petitioner has sought for survey to be conducted based on his application, dated 04.03.2025.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.

3. The petitioner has also made a written request on 01.03.2025 based on Patta No.72, which admittedly stands in the name of the petitioner's father. It is seen from the typedset of papers that the petitioner's father passed away leaving behind the petitioner and two daughters as his legal heirs. Though the Legal Heirship Certificate reflects the wife's name, the Death Certificate of his wife is also enclosed in the typedset of papers.

4. Though the learned Special Government Pleader would invite my attention to the Legal Heirship Certificate and point out that, apart from the petitioner, it reflects two daughters of Krishnasamy Naicker, he would contend that they might have objections to the survey to be conducted. 2/5

5. The learned counsel for the petitioner would submit that the Legal Heirship Certificate was issued way back in the year 1999 and even then the sisters were aged 55 and 47 years and the petitioner does not have any instructions regarding the said sisters, who are married and living separately.

6. It is seen that the petitioner has already sold substantial properties belonging to his father to an extent of 89 cents and the remaining extent of 3.63 cents is sought to be surveyed. Therefore, no serious prejudice would be caused in directing survey to be conducted based on the petitioner's application.

7. Therefore, this writ petition is disposed of directing the 2nd respondent to conduct survey based on the petitioner's online application, dated 04.03.2025 within a period of twelve (12) weeks from the date of receipt of copy of this order. It is made clear that in the event of sisters of the petitioner having any objection regarding alienations effected by the petitioner and also the present application for survey, then this order shall not bind them. 3/5

8. 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 To:

1.The Tahsildar, Arupukottai Taluk, Virudhunagar District.

2.The Taluk Surveyor, Arupukottai Taluk, Virudhunagar District.

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P.B.BALAJI , J.

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