C.Agathiyar v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI C.Agathiyar ... Petitioner Vs.

1.The Tahsildhar, Orathanadu Taluk, Thanjavur District.

2.The Taluk Surveyor, Orathanadu Taluk, Thanjavur District.

3.The Inspector of Police, Pappanadu Police Station, Thanjavur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents No.1 and 2 to survey the petitioner's properties, fix the four boundaries in S.F.No.205/6 to an extent of 0.77.50 Ares, S.F.No.206/6B1 to an extent of 0.1.50 Ares, S.F.No.327/43A2 to an extent of 0.250 Ares, S.F.No. 0.2.50 Ares, S.F.No.327/43B to an extent of 0.42.50 Ares and S.F.No.352/2 to an extent of 0.63.50 Ares (Total extent of 12 Acres) situated at Avidanallavijayapuram Village, Orathanadu Taluk, Thanjavur District, with aid of the 3rd respondent based on the petitioner's representation dated 24.03.2025, within time frame as fixed by this Court. 1/5

For Petitioner : Mr.B.Prasanna Vinoth For R-1 and R-2 : Mr.M.Lingadurai Special Government Pleader For R-3 : Mr.S.Prakash Government Advocate (Crl.Side)

O R D E R

The petitioner seeks issuance of writ of mandamus to direct the respondents 1 and 2 to survey the petitioner's property and fix four boundaries.

2. Heard the learned counsel on either side.

3. The learned Special Government Pleader would submit that the patta which is relied on by the petitioner is a joint patta and if the petitioner is able to get consent of the other co-pattadhars, the respondents would have no issue proceeding to dispose of the petitioner's application for survey.

4. The learned counsel for the petitioner submits that co-pattadhars are none else than the siblings of the petitioner and therefore, the petitioner would be in a position to get necessary no objection letters / concerned affidavit from them.

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5. In view of the above, subject to the petitioner providing the consent affidavit / no objection letters from the other co-pattadhars, the respondents 1 and 2 is directed proceed to dispose of the petitioner's survey application, in accordance with law, within a period of twelve (12) weeks from the date of no objection letter / consent affidavit from the petitioner. In the event of the 1st petitioner apprehending any breach of peace, the 1st respondent shall make an advance request to the 3rd respondent to provide sufficient police force to ensure the peaceful survey.

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

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To:

1.The Tahsildhar, Orathanadu Taluk, Thanjavur District.

2.The Taluk Surveyor, Orathanadu Taluk, Thanjavur District.

3.The Inspector of Police, Pappanadu Police Station, Thanjavur District.

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P.B.BALAJI , J.

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