Chitra v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2025

CORAM

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

1.The Tahsildar, Manapparai Taluk, Trichy District.

2.The Taluk Surveyor, Manapparai Taluk, Trichy 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 the petitioner's land in survey No.127/2 of F.Kilayoor Village, Manapparai Taluk, Trichy District admeasuring 85 cents based on the petitioner's representation, dated 21.01.2025 within a time of period as framed by this Court. For Petitioner : Mr.A.Manikandan For Respondents : Mrs.S.Jeyapriya Government Advocate 1/5

O R D E R

The petitioner seeks issuance of writ of mandamus to direct the respondents to conduct survey based on the petitioner's application, dated 09.12.2023.

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 despite making an application way back on 09.12.2023, no steps were taken by the respondents for conducting survey and hence, the petitioner was constrained to send a reminder on 21.01.2025, for survey to be conducted and demarcate the four boundaries of the petitioner's property, namely 85 cents.

4. The learned Government Advocate 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 2/5

forward with petitions and complaints.

5. In view of the submission made by the learned Government Advocate, 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 the present case, it would suffice to dispose of the writ petition directing the respondents to conduct survey based on the petitioner's application, dated 09.12.2023 in accordance with law, after hearing the objections of the interested parties, if any, 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.

01.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg 3/5

To:

1.The Tahsildar, Manapparai Taluk, Trichy District.

2.The Taluk Surveyor, Manapparai Taluk, Trichy District.

4/5

P.B.BALAJI , J.

gbg 01.04.2025 5/5