Ananthi v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2025

CORAM

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

1.The Tahsildar, Office of the Tahsildar, Madurai North Taluk, Madurai District.

2.The Head Surveyor, Paravai Bit-1 Village, Paravai, Madurai North Taluk, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to conduct survey and sub division of the property in Resurvey No.100/1A1A1 to an extent of 2513 sq.feet situated at Paravai Bit-1 Village, Madurai North Taluk, Madurai District on the basis of the petitioner's application, dated 14.03.2025 and her documents within a time frame that may be stipulated by this Court. For Petitioner : Mr.K.Muthuvai Ilayaraja For Respondents : Mr.S.Kameswaran Government Advocate 1/4

O R D E R

The petitioner has made an application for surveying petitioner's land based on sale deed and registered settlement deed in her favour. The patta is standing in the name of the vendor of the petitioner's father. The petitioner has made an application for survey on 14.03.2025 and followed it up with representation on 19.03.2025.

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

3. 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.

4. 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 2/4

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.

5. In view of the above, the respondents are directed to dispose of the petitioner's application, dated 14.03.2025 r.w representation, dated 19.03.2025, on merits and in accordance with law, after giving notice to the petitioner and other interested parties, if any, within a period of twelve (12) weeks from the date of receipt of copy of this order.

6. 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 3/4

P.B.BALAJI , J.

gbg To:

1.The Tahsildar, Office of the Tahsildar, Madurai North Taluk, Madurai District.

2.The Head Surveyor, Paravai Bit-1 Village, Paravai, Madurai North Taluk, Madurai District.

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