Krishnamoorthy N v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2025
CORAM
THE HONOURABLE MR.JUSTICE P.B.BALAJI N.Krishnamoorthy ... Petitioner Vs.
1.The Tahsildar, Tiruchirappalli West Taluk, Tiruchirappalli District.
2.The Town Surveyor, Ko.Abhishekapuram Zone, Tiruchirappalli City Corporation, Tiruchirappalli District.
3.The Inspector of Police, Thillai Nagar Police Station, Tiruchirappalli 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 mark boundaries of the petitioner's land situated in T.S.No.15/1A7, Thennur village, Trichy District based on the revenue records as well as sale deeds within a time frame fixed by this Court with the help of 3rd respondent Jurisdictional police. For Petitioner : Mr.N.Venkateswaran 1/5
For R1 & R2 : Mr.M.Lingadurai Special Government Pleader For R3 : Mr.S.Prakash Government Advocate(Crl.Side)
O R D E R
The petitioner has sought for survey to be conducted based on his application, dated 03.03.2025.
2. Heard the learned counsel for the petitioner, the learned Special Government Pleader for the respondents 1 & 2 and the learned Government Advocate (Crl.side) for the 3rd respondent.
3. The petitioner claims ownership under a registered sale deed and mutation of Town Survey Land Register in his name. He has also given a representation on 13.03.2025 to conduct survey. The learned counsel for the petitioner further submits that the petitioner is aged 86 years and suitable direction may be issued for survey to be conducted.
4. The learned Special Government Pleader submits that the survey application of the petitioner would be taken up expeditiously considering the 2/5
age of the petitioner. He 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 conducted, come forward with petitions and complaints.
5. 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.
6. This writ petition is disposed of, directing the respondents to survey the petitioner's property based on his application, dated 03.03.2025 and the representation, dated 13.03.2025 within a period of four (4) weeks from the date of receipt of copy of this order.
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7. With the above directions, this Writ Petition stands disposed of. No costs.
26.03.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg To:
1.The Tahsildar, Tiruchirappalli West Taluk, Tiruchirappalli District.
2.The Town Surveyor, Ko.Abhishekapuram Zone, Tiruchirappalli City Corporation, Tiruchirappalli District.
3.The Inspector of Police, Thillai Nagar Police Station, Tiruchirappalli District.
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P.B.BALAJI , J.
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