S.Sankarasubbu v. The Tashildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI S.Sankarasubbu .... Petitioner /Vs/

1. The Tashildar Alangulam Taluk Office, Alangulam Taluk, Tenkasi District.

2. The Surveyor Land and Survey Department, Alangulam Taluk Office, Alangulam Taluk, Tenkasi District. .... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to conduct survey and fix survey stones and thereby demarcating petitioner's land in Survey No.73/2A1 to the extent of 0.18.90 Hectare Maruthamputhur Part-I Village, Alangulam Taluk, Tenkasi District by considering the petitioner's written representation dated 19.03.2025 within a stipulated period as framed by this Court.

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For Petitioner : Mr.C.Saravanakumar For Respondents : Mr.B.Saravanan Additional Government Pleader

ORDER

The petitioner seeks issuance of a Writ of Mandamus to direct the respondents to conduct survey and fix the boundary stones by demarcating the petitioner's land.

2. The petitioner has given a representation on 19.03.2025 after making an application for survey on 06.01.2025.

3. The learned Additional Government Pleader appearing for the respondents would submit that an attempt was made to survey, based on the petitioner's application, on 26.02.2025, however, one Mr. Subramaniam claiming that he has moved the District Revenue Officer for correction of UDR mistake, has objected to survey and in view of the same, the officials have not proceeded to survey the petitioner's land. As long as the patta issued to the petitioner is not revoked, modified or cancelled, the petitioner is entitled to survey. 2/5

4. Admittedly, there is no interim order impeding the respondents from going ahead with the survey, despite claim of the private party one Subramanian that he has moved the District Revenue Officer for corrections of UDR records. In view of the above, I see no impediment for the petitioner's survey application to be disposed of in accordance with law.

5. In fine, the writ petition is allowed and the respondents are directed to conduct survey based on the petitioner's application dated 06.01.2025 after giving an advance notice to the petitioner as well as the objector Subramanian and in the event of said Subramanian not being able to produce any interim order restraining survey to be conducted, the respondents shall proceed to conduct survey and pass orders in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Index : Yes / No NCC : Yes / No 16.04.2025 am 3/5

To

1. The Tashildar Alangulam Taluk Office, Alangulam Taluk, Tenkasi District.

2. The Surveyor Land and Survey Department, Alangulam Taluk Office, Alangulam Taluk, Tenkasi District.

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P.B. BALAJI , J.

am Order made in Dated:

16.04.2025 5/5