Sakthivel v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Sakthivel .... Petitioner /Vs/

1. The Tahsildar Oddanchathiram Taluk, Oddanchathiram, Dindigul District

2. The Taluk Surveyor Oddanchathiram Taluk, Oddanchathiram, Dindigul District

3. The Village Administrative Officer Athikombai, Oddanchathiram Taluk, Dindigul District.

.... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to carryout appropriate survey and demarcate the petitioners landed property bearing Survey No. 23/2B of an extent of 34 cents situate in Athikombai Village, Oddanchathiram Taluk, Dindigul District.

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For Petitioner : Mr.R.Thangapandian For Respondents : Mrs.K.Malathi Additional Government Pleader

ORDER

The petitioner seeks issuance of a Writ of Mandamus to direct the respondents 1 & 2 to conduct survey and demarcate the petitioner's land measuring 34 cents in Survey No. 23/2B, Athikombai Village, Oddanchathiram Taluk, Dindigul District.

2. With the consent of the learned counsel appearing on either side, the main writ petition is taken up for final disposal, at the admission stage.

3. I have heard the learned counsel appearing for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondents.

4. The case of the petitioner is that the petitioner's father and his elder brother have purchased 62 cents of land in survey No.23/2B, out of which, 34 cents is the entitlement of the petitioner and the petitioner's siblings. The patta stands in the joint names. 2/5

5. The learned Additional Government Pleader appearing for the respondents would submit that in the event of the petitioner's being able to produce no objection certificates from the other pattadhars, there will be no impediment for the survey to be conducted.

6. Is also made clear that on such consent or no objection certificates being produced by the petitioner and in the event of the first respondent requiring or apprehending any breach of peace at the time of survey, it shall be open to the first respondent to seek assistance of the jurisdictional police officials to be present at the time of survey to prevent any law and order from arising. The said exercise shall be carried out within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above direction, the writ petition is disposed of. No costs.

Index : Yes / No NCC : Yes / No 15.04.2025 am 3/5

To

1. The Tahsildar Oddanchathiram Taluk, Oddanchathiram, Dindigul District

2. The Taluk Surveyor Oddanchathiram Taluk, Oddanchathiram, Dindigul District

3. The Village Administrative Officer Athikombai, Oddanchathiram Taluk, Dindigul District.

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P.B. BALAJI , J.

am Order made in Dated:

15.04.2025 5/5