Pandiarani V v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2025

CORAM

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

1.The Tahsildar, Madurai North Taluk, Madurai District.

2.The Head Surveyor, 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 herein to survey, demarcate the four boundaries in respect of the petitioner's property comprised in Plot No.5, Vide S.No.47/24 having Patta No.3218 of an extent of 2712 Sq.ft situated at Vilangudi Bit - II Village, Madurai North Taluk and Madurai District in accordance with law by considering the petitioner's Application No. 2025/0123/24/013599, dated 22.03.2025 within the time stipulated by this Court.

For Petitioner : Mr.P.Mahendran 1/4

For Respondents : Mr.C.Satheesh Government Advocate

O R D E R

The petitioner seeks issuance of writ of mandamus to direct the respondents to conduct survey and demarcate the four boundaries of the petitioner's property.

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

3. The petitioner has made an application in this regard on 22.03.2025 and only seeks expeditious disposal of the said survey application.

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.

2/4

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. Considering the limited relief sought for by the petitioner in this case, this writ petition is disposed of, directing the respondents to conduct survey and pass orders on the petitioner's survey application, dated 22.03.2025, after hearing the interested parties, if any, within a period of twelve (12) weeks from the date of receipt of copy of this order.

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

03.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg 3/4

P.B.BALAJI , J.

gbg To:

1.The Tahsildar, Madurai North Taluk, Madurai District.

2.The Head Surveyor, Madurai North Taluk, Madurai District.

03.04.2025 4/4