Ramesh Kumar v. The Thashildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI Ramesh Kumar ... Petitioner Vs.

1.The Thashildar, Ponnamaravathy Taluk, Pudukkottai District.

2.The Surveyor, Ponnamaravathy Taluk, Pudukkottai 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 survey the land and to place survey stones in Survey No.527/17, to an extent of 0.07.5 ares, 18 cents and Survey No.527/7, to an extent of 0.06.0 ares, 15 cents situated at Maravamadurai village, Ponnamaravathy Taluk, Pudukkottai District based on petitioner's representations, dated 22.02.2025 within a stipulated time fixed by this Court.

For Petitioner : Mr.Alagusundar For Respondents : Mr.M.Lingadurai Special Government Pleader 1/4

O R D E R

The petitioner seeks survey of his property based on sale deed and patta issued to the petitioner.

2. The petitioner has given a representation on 22.02.2025 and seeks to have this representation to be acted by the respondents. Hence, the present writ petition is filed.

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

4. The learned Special Government Pleader would refer to the joint patta standing in the name of the petitioner and his mother. He would submit that there should be no objection from the co-pattadhar.

5. The learned Special Government Pleader would further 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 2/4

conducted, come forward with petitions and complaints.

6. In view of the submission made by the learned Special 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.

7. In the present matter, the petitioner shall produce no objection letter or consent affidavit duly signed by his mother and produce the same before the authorities. On such no objection letter being produced by the petitioner, the respondents are directed to proceed with the survey and dispose of the petitioner's representation, dated 22.02.2025 within a period of twelve (12) weeks from the date of receipt of copy of this order.

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 3/4

P.B.BALAJI , J.

gbg To:

1.The Thashildar, Ponnamaravathy Taluk, Pudukkottai District.

2.The Surveyor, Ponnamaravathy Taluk, Pudukkottai District.

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