Mariya V v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI V.Mariya ... Petitioner Vs.

1.The District Collector, District Collectorate, Tenkasi.

2.The District Revenue Officer, O/o.District Revenue Officer, Sivakiri Taluk, Tenkasi.

3.The Tahsildar, O/o.Tahsildar, Sivakiri Taluk, Tenkasi.

4.The Land Surveyor, O/o.Land Surveyor, 45, Railway Feeder Road, Tenkasi-627811.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the representation, dated 11.03.2025 and consequently directing the 3rd and 4th respondents to survey and measure the boundaries of the petitioner's land by 1/5

metes and bounds in a extent of 2 Ars and 92 cents which is situated at Part-II Sivakiri Village, Sivakiri Taluk, Tenkasi District in Patta No.2819 as per the revenue records and registered sale deed document in 591/2018 and fix the four boundaries.

For Petitioner : M/s.A.Dharani For Respondents : Mr.C.Satheesh Government Advocate

O R D E R

The petitioner seeks issuance of writ of mandamus to conclude survey based on the petitioner's application, dated 11.03.2025.

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

3. The petitioner has sought for survey based on a registered sale deed in his favour and also a separate patta issued to the petitioner. The petitioner herein has made an application on 11.03.2025. Since the same was not considered, this writ petition has been filed. 2/5

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 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. This writ petition is disposed of, directing the 4th respondent to conduct survey based on the petitioner's application, dated 11.03.2025. Any interested parties shall also be given notice prior to survey and objections if any, shall be heard and disposed of before proceeding to conduct survey. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of copy of this order.

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

04.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg To:

1.The District Collector, District Collectorate, Tenkasi.

2.The District Revenue Officer, O/o.District Revenue Officer, Sivakiri Taluk, Tenkasi.

3.The Tahsildar, O/o.Tahsildar, Sivakiri Taluk, Tenkasi.

4.The Land Surveyor, O/o.Land Surveyor, 45, Railway Feeder Road, Tenkasi-627811.

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P.B.BALAJI , J.

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