Nagammal v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI Nagammal : Petitioner Vs.

1.The Thasildar, Office of the Thasildar, Kariapatti Taluk, Virudhunagar District.

2.The Head Surveyor, Office of the Thasildar, Kariapatti Taluk, Virudhunagar District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 1st respondent to survey and demarcate the petitioner's nanja land comprised in Survey No.19/2A1 situated at Keelaupplikundu Village, D.Kadambankulam, Kariapatti Taluk, Virudhunagar District to an extent of 0-15.68 Ares by considering his application dated 1/5

26.02.2025 within a time frame that may be stipulated by this Honourable Court.

For Petitioner : Mr.A.Balaji For Respondents : Mr.M.Lingadurai Special Government Pleader

O R D E R

The petitioner seeks survey of the petitioner's property based on a registered sale deed in favour of the petitioner. The petitioner has made an application on 26.02.2025. 2.The learned Special Government Pleader would bring it to my notice that in few case, it turns out that, the documents, on which reliance has been placed on by the applicants turn to be forged or fabricated and these documents are contested by the persons, who are objecting for issuance of patta or survey the lands, or on coming to know of the patta issued on survey conducted, come forward with petitions and complaints.

3.In view of the submission made by the learned Special Government Pleader, it is made clear that in the event of any such 2/5

dispute arising at the time of enquiry or before the survey or issuance of patta, then the respondents are not obligated to go ahead with the survey or issuance of patta and they are well within the rights to direct the parties to approach the competent Civil Court to get necessary relief.

4.Considering the above, the survey shall be conducted based on the petitioner's application dated 26.02.2025, subject to the petitioner being able to prove possession of the subject lands in respect of which natham patta has been issued to the petitioner. The respondent shall conduct survey and dispose of the petitioner's application dated 26.02.2025, within a period of twelve [12] weeks from the date of receipt of a copy of this order. 5.Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs.

02.04.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To 1.The Thasildar, Office of the Thasildar, Kariapatti Taluk, Virudhunagar District.

2.The Head Surveyor, Office of the Thasildar, Kariapatti Taluk, Virudhunagar District.

4/5

P.B.BALAJI.

, J.

MR 02.04.2025 5/5