← Library
Madras High CourtWP(MD)/12347/2025disposed of

Kalavathi v. The Tahsildar

2025-04-28Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI Kalavathi ... Petitioner Vs.

1.The Tahsildar, Kulithalai Taluk, Karur District.

2.The Head Surveyor, Kulithalai Taluk, Karur District.

3.The Firka Surveyor, Nangavaram, Kulithalai Taluk, Karur District.

4. Mapillai Meera ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to conduct survey of the land in S.Nos.51/2A5, 55/2B2, 55/2B3E at Neithalur Village, Kulithalai Taluk, Karur Distirct to an extent of 1 Acre 4 cents based on the registered Will dated 19.09.2018 and Patta No.3143 issued by the first respondent and fix the four boundaries with the assistence of Kulithalai Police by considering petitioner's application dated 06.09.2024 and issue the report of survey or acknowledgment, on completion of survey and Survey Sketch within 1/5

the time fixed by this Court.

For Petitioner :

Mr.M.Karthick For R-1 to R-3 :

Mr.M.Lingadurai Special Government Pleader

O R D E R

The petitioner seeks issuance of writ of mandamus to direct the respondents to conduct survey and fix four boundaries of the petitioner's property. The petitioner also seeks the assistance of the police officials.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the official respondents.

3. The petitioner had earlier made an application on 27.01.2024 seeking survey. However, the said survey could not be conducted in view of the objections of the 4th respondent. The petitioner has once again made an application on 06.09.2024 and paid necessary charges. The petitioner claims under a Will and patta has also been mutated in the name of the petitioner. 2/5

4. In the light of the above, the 1st respondent with the assistance of the 2nd respondent, is directed to proceed to dispose of the petitioner's representation, dated 06.09.2024, after giving advance intimation to the 4th respondent as well as jurisdictional police officials regarding the proposed date of survey. The objections if any of the 4th respondent shall be considered before conducting survey. In the event of the objections revolving title to the subject property, then the 1st respondent shall refrain from conducting survey and direct the parties to workout their respective grievances before the competent Civil Court. The 1st respondent prima facie satisfied with regard to the entitlement to the petitioner based on the Will and patta issued to him, then the 1st respondent shall proceed to conduct survey and dispose of the petitioner's application, dated 06.09.2024. The said exercise shall be completed within a period of eight

(8) weeks from the date of receipt of copy of this order.

5. With the above directions, this Writ Petition stands disposed of. No costs.

28.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg 3/5

To:

1.The Tahsildar, Kulithalai Taluk, Karur District.

2.The Head Surveyor, Kulithalai Taluk, Karur District.

3.The Firka Surveyor, Nangavaram, Kulithalai Taluk, Karur District.

4/5

P.B.BALAJI , J.

gbg 28.04.2025 5/5