Madras High CourtWP(MD)/8176/2025disposed of

Annamalai v. The Tahsildar

2025-03-25Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Annamalai .... Petitioner /Vs/ 1.The Tahsildar Thirumayam Taluk, Pudukkottai District.

2.The Firka Surveyor, Thirumayam Taluk, Pudukkottai District.

.... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to survey the land in S.No. 250/3B2 with an extent of 0.07.5 hectares and S.No. 250/3C2 with an extent of 0.08.5 hectares situated at Kummankudi Village, Thirumayam Taluk, Pudukkottai District based on the petitioner's application dated 27.02.2025.

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

ORDER

The petitioner seeks for survey to be conducted based on his application dated 27.02.2025.

2. With the consent of the learned counsel appearing on either side, the writ petition is taken up for final disposal, even at the stage of admission.

3. I have heard Mr.G.Sridharan, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader appearing for the respondents.

4. The petitioner has been issued patta Nos.2179 and 17 in respect of the subject lands, of which survey is sought for. Though the petitioner has fairly submitted that the suit has been filed in O.S.No.86 of 2020, on the file of the District Munsif-cum-Judicial Magistrate, Thirumayam, where the plaintiffs are none else than his brother's sons and the said suit is pending, there is no interim order granted in the said suit restraining 2/4

any survey should be conducted. In any event, the petitioner is seeking for survey based on the patta standing in his name in Patta Nos.2179 & 17.

5. In view of the above, the writ petition is disposed of with a direction to the respondents to conduct a survey based on the petitioner's application dated 27.02.2025 after putting on notice to the plaintiffs in O.S.No.86 of 2020, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Index : Yes / No NCC : Yes / No 25.03.2025 am To 1.The Tahsildar Thirumayam Taluk, Pudukkottai District.

2.The Firka Surveyor, Thirumayam Taluk, Pudukkottai District.

3/4

P.B. BALAJI , J.

am Order made in Dated:

25.03.2025 4/4