P.Sathasivam v. The Tahsildar

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 05.06.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR P.Sathasivam ... Petitioner Vs 1.The Tahsildar, Peravurani Taluk, 2.The Firka Surveyor, Avamam Firka, Peravurani Taluk, 3.The Inspector of Police, Thiruchithambalam Police Station, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to conduct survey with the assistance of the 3rd respondent if required on the basis of Survey Notice dated 23.04.2025 issued by the Revenue Inspector of Avanam in A.K.Ma.No.007688 pertaining to S.F.No.120/2A situate Avanam Village, Periyanayakipuram Panchayat, Peravurani Taluk, Thanjavur District.

For Petitioner : Mr.M.Anbarasan 1/6

For R1 & R2 : Ms.K.Malathi Additional Government Pleader For R3 : Mr.M.Vaikam Karunanithi Government Advocate

ORDER

The petitioner herein seeks a direction to the respondents 1 and 2 to conduct survey with the assistance of the third respondent if required on the basis of the survey notice, dated 23.04.2025, issued by the Revenue Inspector, Avanam in A.K.Ma.No.007688 in respect of S.F.No. 120/2A situated at Avanam Village, Periyanayakipuram Panchayat, Peravurani Taluk, Thanjavur District.

2.Heard the arguments of the learned counsel for the petitioner, Mrs.K.Malathi, learned Additional Government Pleader, who takes notice for the respondents 1 and 2 and Mr.M.Vaikam Karunanithi, learned Government Advocate, who takes notice for the third respondent. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3.It is the case of the petitioner that the aforesaid property was purchased in the name of his wife, Mallika in the year 1997 under a 2/6

registered sale deed, dated 16.10.1997. Subsequently, patta was issued in the name of Mallika in patta No.1027. The petitioner's wife died on 17.09.2019, leaving behind the petitioner and his two daughters as her legal representatives. Subsequently, a joint patta for the above mentioned property was issued in the name of the petitioner and his daughters in Patta No.2594.

4.The petitioner submitted an application before the respondents seeking survey of the property. Pursuant to the application submitted by the petitioner, a survey notice was issued by the Revenue Inspector on 23.04.2025, fixing 29.04.2025 at the date for survey. However, when the Officials attempted to survey the property, one Sundarraj, S/o. Saravanan raised objections. Therefore, the respondents failed to commence the survey. Hence, the petitioner filed the instant Writ Petition seeking direction to the respondents 1 and 2 to conduct survey of the above mentioned property with the assistance of the third respondent. 5.The learned Additional Government Pleader, who takes notice for the respondents 1 and 2, would submit that due to the objection raised by one Sundarraj, the survey could not be completed. 3/6

6.In view of the statement made by the learned Additional Government Pleader appearing for the respondents 1 and 2, this Court without expressing any opinion on the merits of the matter, is inclined to direct the first respondent to issue notice to the petitioner and the objector and to conduct an enquiry and pass final orders on its own merits within a period of 8 weeks from the date of receipt of a copy of this order.

7.With the aforesaid directions, this Writ Petition stands disposed of. No costs.

05.06.2025 Index : Yes/No Internet : Yes/No : Yes/No mm To 1.The Tahsildar, Peravurani Taluk, 2.The Firka Surveyor, Avamam Firka, Peravurani Taluk, 4/6

3.The Inspector of Police, Thiruchithambalam Police Station, 5/6

S.SOUNTHAR, J.

mm W.P (MD) No.15256 of 2025 05.06.2025 6/6