Pannirselvam v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI W.P.(MD) No.10556 of 2025 and W.M.P.(MD) No.7885 of 2025 Pannirselvam ... Petitioner /Vs./ 1.The Tahsildar, Karambakkudi Taluk Office, Karambakkudi Taluk, Pudukkottai District.

2.The Surveyor, Karambakkudi Taluk Office, Karambakkudi Taluk, Pudukkottai District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, direct the 2nd respondent to conduct survey the petitioner's land in 71/18, to an extent of 1.00 Ares at Karambakkudi Revenue Village, Karambakkudi Taluk, Pudukkottai District, and earmarked the boundaries of the properties, based on the petitioner's representation dated 16.12.2024 and 04.02.2025. 1/4

For Petitioner : Mr.K.Murali For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

The petitioner based on the registered document as well as the patta mutated in his favour has sought for survey to be conducted. The petitioner has made an online application on 08/11/2024 and followed it up with representations on 16.12.2024 and again on 04.02.2025. 2.Heard Mr.K.Murali, learned counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader for the respondents.

3.The learned Special Government Pleader for the respondents, on instructions, submits that though the document stands in the name of the writ petitioner and revenue records were also mutated in his favour, the petitioner's brother, Kumar, has constructed a house in the petitioner's property and he is objecting for survey to be conducted. However, the mere fact that the petitioner's brother is in occupation of the subject 2/4

property cannot come in the way of the survey to be conducted. At the same time, it is made clear that under the guise of survey, there should be no dispossession of the petitioner's brother, if he is found to be in possession and the scope of the survey application shall be limited to survey the property and demarcate the four boundaries. The said exercise shall be carried out within a period of 12 weeks from the date of receipt of a copy of this order.

4.In fine, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Index : Yes / No 17.04.2025 NCC : Yes / No mm TO:- 1.The Tahsildar, Karambakkudi Taluk Office, Karambakkudi Taluk, Pudukkottai District.

2.The Surveyor, Karambakkudi Taluk Office, Karambakkudi Taluk, Pudukkottai District.

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P.B. BALAJI , J.

mm Order made in Dated:

17.04.2025 4/4