Madras High CourtWP(MD)/12475/2025disposed of

Gopalakrishnan v. The Thasildar

2025-04-29Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025

CORAM

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

1.The Tahsildar, Taluk Office, Kamuthi Taluk, Ramanathapuram District.

2.The Taluk Surveyor, Land Survey and Records, Taluk Office, Kamuthi Taluk, Ramanathapuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to survey and fixes four boundaries of the petitioner's family land bearing Survey No.403/13- with an extent of 0-0.01 Ares, situated at Pappanam Village, Nagaratharkurichi, Kamuthi Taluk, Ramanathapuram District.

For Petitioner :

Ms.S.Keerthana For Respondents :

Mr.B.Saravanan Additional Government Pleader 1/4

O R D E R

The petitioner seeks issuance of writ of mandamus to survey the subject lands and fix four boundaries.

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

3. The petitioner claims to be a brother of one Muniyasamy, who died as a bachelor, in fact patta has been mutated in the name of the said Muniyasamy. The learned counsel for the petitioner submits that besides the petitioner, the petitioner's mother and father are also alive and they have no objection for survey to be conducted.

4. Considering the fact that the mother is the only class-I legal heir and the petitioner's father and the petitioner are only class-2 legal heirs, the petitioner is directed to file a consent affidavit / no objection letter from the petitioner's mother before survey being conducted. On such consent affidavit / no objection letter of the petitioner's mother being filed before the 1st respondent, the respondents 1 and 2 shall proceed to conduct survey and fix 2/4

four boundaries and dispose of the petitioner's application, dated 03.04.2025, on merits and in accordance with law, within a period of twelve (12) weeks from the date of consent affidavit / no objection letter being filed by the petitioner.

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

29.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg To:

1.The Tahsildar, Taluk Office, Kamuthi Taluk, Ramanathapuram District.

2.The Taluk Surveyor, Land Survey and Records, Taluk Office, Kamuthi Taluk, Ramanathapuram District.

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P.B.BALAJI , J.

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