Murugathal v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI Murugathal ... Petitioner Vs.

1.The Tahsildar, Ottanchathiram Taluk, Dindigul District.

2.The Head Surveyor, Ottanchathiram Taluk Office, Ottanchathiram, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to measure the property in survey No.710/2 in Sinthalavadanpatti Village, Manjanaickenpatti Post, Ottanchathiram Taluk, Dindigul District based on the petitioner's survey receipt challan No.20240105009247, dated 05.01.2024 within the period stipulated by this Court.

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

O R D E R

The petitioner seeks issuance of writ of mandamus to direct the respondents to measure and survey the petitioner's property based on the petitioner's survey application, dated 05.01.2024.

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

3. The petitioner has made an application for survey on 05.01.2024 and thereafter, the petitioner has sent a representation on 22.08.2024 seeking disposal of the survey application.

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

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. In this case, considering the above facts, this writ petition is disposed of with a direction to the respondents to conduct survey based on the petitioner's application, dated 05.01.2024 and pass orders, after issuing notice to all the interested parties, within a period of eight (8) weeks from the date of receipt of copy of this order.

7. With the above direction, this Writ Petition stands disposed of. No costs.

26.03.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg 3/4

P.B.BALAJI , J.

gbg To:

1.The Tahsildar, Ottanchathiram Taluk, Dindigul District.

2.The Head Surveyor, Ottanchathiram Taluk Office, Ottanchathiram, Dindigul District.

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