Ramamoorthy v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI Ramamoorthy : Petitioner Vs.

1.The District Revenue Officer, Pudukkottai.

2.The Tahsildar, Kulathur Taluk, Kulathur.

3.The Firka Surveyor, Mathur, Kulathur Taluk, Pudukkottai District.

4.P.Sakthivel : Respondents [R4 is impleaded vide order dated 26.03.2025] PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the second respondent to implement its direction made in Na.Ka.No. 1/6

5107/2019/A4 dated 05.04.2023 and conduct proper survey and mark boundaries in S.No.85/2, 58/3 and 59/3, Kumaramangalam Village, Kulathur Taluk, Pudukkottai District. For Petitioner : Mr.M.Sureshkumar For Respondents 1 to 3 : Mr.J.AShok, Additional Government Pleader

O R D E R

The petitioner seeks only implementation of the order of the District Revenue Officer at the hands of the second respondent. 2.Heard the learned Counsel for the petitioner and Mr.J.Ashok, learned Additional Government Pleader appearing for the respondents.

3.Learned Counsel for the petitioner would invite my attention to subsequent developments, namely the fact that the newly impleaded fourth respondent has challenged the order of the District Revenue Officer, which is now sought to be implemented. The same was challenged in W.P.(MD)No.11103 of 2023. However, the said Writ Petition has also been dismissed as withdrawn on 30.11.2023. 2/6

4.Learned Additional Government Pleader would submit that in order to implement the order of the first respondent, the Tahsildar proceeded to conduct survey on 19.03.2025, however, oneSakthivel objected to the survey being conducted on the pretext that he is preferring an appeal against the order of the District Revenue Officer.

5.In view of the fact that the challenge made by the fourth respondent before this Court was in fact withdrawn on 30.11.2023, the said fourth respondent cannot have any objections for survey to be conducted in order to implement the order of the first respondent. In view of the resistance shown by the fourth respondent, the second respondent shall seek the assistance of the jurisdictional police officials, who shall ensure that sufficient police personnel are made available to enable the second respondent to survey the petitioner's property, by way of implementing the order of the first respondent. The said exercise shall be carried within a period of eight [8] weeks from the date of receipt of a copy of this order. 3/6

6.Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs.

26.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 4/6

To 1.The District Revenue Officer, Pudukkottai.

2.The Tahsildar, Kulathur Taluk, Kulathur.

3.The Firka Surveyor, Mathur, Kulathur Taluk, Pudukkottai District.

5/6

P.B.BALAJI.

, J.

MR 26.03.2025 6/6