Sathya S v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025
CORAM
THE HONOURABLE MR.JUSTICE P.B.BALAJI S.Sathya ... Petitioner Vs.
1. The Tahsildar, Madurai West Taluk,
2. The Taluk Surveyor, Madurai West Office,
3. The Village Administrative Officer, Kelakuilkudi Village,
4. The Inspector of Police, Nagamalaipudhukottai Police Station, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to survey the report and also FMB Sketch, demarcate and fix the boundaries of the joint patta property of the petitioner comprised in Survey No.34 Sub Division No.1 in Registration Document No.3845/1990 date of execution 24.04.1990, on the basis of petitioner's fee paid Challan No.2025/0123/24/013426 dated 1/6
18.03.2025 total extend of 58 Cents or 0.21.50 hectors situated at Kelakuilkudi Village, North Street, Willingstan Main Road, Kelakuilkudi Village, Madurai West Taluk-625014, Madurai District, with the aid of revenue records and also proper registration documents, within a stipulated time as directed by this Court with adequate police protection based on his representation dated on 17.02.2025.
For Petitioner :
Mr.S.Ukkra Pandian For R1 - R3 :
Mr.M.Lingadurai, Special Government Pleader For R4 :
Mr.S.Prakash, Government Advocate (Crl.Side)
O R D E R
The petitioner is one of the co-owners of the property having been issued joint Patta No.1133 by Zonal Deputy Tahsildar, Madurai West Taluk, Madurai District.
2. Heard the learned counsel for the parties.
3. The petitioner has made an application for survey to be conducted. The said application is dated 18.03.2025. An earlier request has also been given for 2/6
survey on 17.02.2025. Even according to the petitioner, the adjoining neighbouring owners are objecting to survey being conducted. Further, patta issued is also a joint patta in favour of the petitioner and other legal heirs of Paulsamy.
4. In view of the above, this writ petition is disposed of in the following manner:
(i) The petitioner shall produce no objection letter / consent affidavit from the other legal heirs of the said Paulsamy, whose names are found in Patta No.1133 within a period of two (2) weeks from the date of receipt of copy of this order.
(ii) On receipt of the said no objection letter / consent affidavit, the 1st respondent shall issue notice to the petitioner as well as the adjoining neighbouring land owners who may be interested in the subject matter or who may have any objections and after hearing and disposing of the objections of the neighbouring owners, the 1st and 2nd respondents shall proceed to conduct survey.
(iii) The 1st respondent shall give advance intimation to the 4th respondent to enable the 4th respondent to provide adequate police 3/6
protection at the time of survey.
(iv) The said exercise shall be completed within a period of twelve (12) weeks from the date of consent affidavit / no objection letter from the petitioner.
(v) Under the rise of survey, there should be no dispossession of any of the parties who are found to be in physical education.
5. With the above directions, this Writ Petition stands disposed of. No costs.
25.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg To:
1. The Tahsildar, Madurai West Taluk,
2. The Taluk Surveyor, Madurai West Office, 4/6
3. The Village Administrative Officer, Kelakuilkudi Village,
4. The Inspector of Police, Nagamalaipudhukottai Police Station, 5/6
P.B.BALAJI , J.
gbg 25.04.2025 6/6