Panjammal v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2025

CORAM

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

1.The Tahsildar, Nilakottai Taluk, Dindigul District.

2.The Surveyor, Nilakottai Taluk, Dindigul District.

3.The Inspector of Police, Nilakottai Police Station, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to survey and demarcate the property in Survey No.361/14 measuring hectare 0-16.50 situated in Sithargalnatham Village, Nilakottai Taluk, Dindigul District with the aid of the 3rd respondent, within the time frame fixed by this Honourable Court For Petitioner : Mr.R.J.Karthick For R1 & R2 : Mr.M.Lingadurai Special Government Pleader 1/5

For R3 : Mr.S.Prakash Government Advocate

O R D E R

The petitioner seeks issuance of writ of mandamus to direct the respondents 1 and 2 to conduct survey based on his application, dated 03.02.2025.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

3. The learned counsel for the petitioner would submit that based on a registered sale deed as well as patta mutated in the name of the petitioner, the petitioner has made an application for survey on 03.02.2025. He would further submit that the petitioner only seeks speedy disposal of his application for survey.

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 2/5

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. Considering the facts, this writ petition is disposed of with a direction to the respondents 1 and 2 to conduct survey based on the petitioner's application, dated 03.02.2025 within a period of eight (8) weeks. It shall be open to the 1st respondent to seek assistance of the jurisdictional police officials in the event of the 1st respondent apprehending any breach of law and order at the time of survey. On such request being made, the jurisdictional police officials shall also ensure that sufficient police force is made available to safeguard the official respondents during the time of survey. 3/5

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 To 1.The Tahsildar, Nilakottai Taluk, Dindigul District.

2.The Surveyor, Nilakottai Taluk, Dindigul District.

3.The Inspector of Police, Nilakottai Police Station, Dindigul District.

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P.B.BALAJI , J.

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