Senthilkumar v. The Thasildhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Senthilkumar .... Petitioner /Vs./

1. The Thasildhar Rameshwaram Taluk, Ramanathapuram District.

2. The Surveyor Rameshwaram Taluk, Ramanathapuram District.

3. The Inspector of Police Rameshwaran Town Police Station, Ramanathapuram District.

.... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 & 2 herein to conduct survey and demarcate four boundaries in respect of the property comprised in 956/2, situated at Rameshwaram Village, Rameshwaram Taluk, Ramanathapuram District with the aid of the respondent no.3 and consequently direct the respondent no.1 and 2 to issue survey report 1/5

within a stipulated time period in accordance with law on the basis of the application dated 17.02.2025.

For Petitioner : Mr.C.Senthil Murugan For R1 & R2 : Mr.B.Saravanan Additional Government Pleader For R3 : Mr.S.Prakash Government Advocate (Crl.side)

ORDER

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.

2. I have heard Mr.C.Senthil Murugan, learned counsel appearing for the petitioner, Mr.B.Saravanan, learned Additional Government Pleader appearing for the respondents 1 & 2 and Mr.S.Prakash, learned Government Advocate (Crl.side) appearing for the third respondent.

3. The petitioner sought for survey and demarcation of his property by making an application on 17.02.2025. The petitioner relies on the judgement and decree passed by this Court in A.S.No.1245 of 1994, where the subject property stood allotted to the petitioner's father. 2/5

4. However, when the matter is taken up for admission, the learned Additional Government Pleader appearing for the respondents 1 & 2 would submit that the revenue records in respect of the same survey number are mutated in the name of the St. Joseph Higher Secondary School, Rameswaram. He would therefore submit that unless the petitioner obtains patta in his name, it may not be possible for the authorities to conduct a survey.

5. I have gone through the affidavit filed in support of the application for survey.

6. I do not find that the petitioner claims under a registered document of title and except for the judgement and decree passed by this Court in A.S.No.1245 of 1994, there is no other document confirming the title of the petitioner or even his father. Therefore, when the revenue records also do not stand mutated in the name of the father of the petitioner, the petitioner has to first ensure that patta and other revenue records are mutated in his name before seeking survey of the property. 3/5

Giving liberty to the petitioner to approach the survey authorities after obtaining patta, the writ petition is dismissed. No costs. Index : Yes / No NCC : Yes / No 25.03.2025 am To

1. The Thasildhar Rameshwaram Taluk, Ramanathapuram District.

2. The Surveyor Rameshwaram Taluk, Ramanathapuram District.

3. The Inspector of Police Rameshwaran Town Police Station, Ramanathapuram District.

4/5

P.B. BALAJI , J.

am Order made in Dated:

25.03.2025 5/5