Sivakumar.C v. Revenue Divisional Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C. Sivakumar ... Petitioner Vs.

1. Revenue Divisional Officer, Oddanchathiram Taluk,

2. Assistant Director of Survey and Land Records, Dindigul.

3. Tahsildar, Oddanchathiram Taluk, 1/5

4. Head Surveyor, Oddanchathiram Taluk Office, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 2 to 4 to survey the pathway and mark the boundaries in Survey No.15, situated at Palappanpatti Village, Oddanchathiram Taluk, Dindigul District, on the basis of the partition deed in document number 946/1965 dated 16.12.1965 and the petitioner's representations, dated 05.06.2023 and 03.08.2023. For Petitioner : M/s.J. Balameenakshi For Respondents: Mr.V. Nirmal Kumar Government Advocate

ORDER

When the matter was taken up for hearing, the learned Government Advocate appearing for the respondents pointed out that 2/5

the Survey No.15 does not stand in the name of the petitioner and therefore, I am not in a position to grant any relief. If according to the petitioner, as per the partition deed and other documents, Survey No.15 has to be used only as a common pathway, then the petitioner's remedy is to go before the jurisdictional civil Court. The Revenue or Survey Authorities cannot grant relief to the petitioner.

2. Granting liberty to the petitioner to move the jurisdictional civil Court, this Writ Petition is dismissed. No costs. 13.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No RM 3/5

To:

1. Revenue Divisional Officer, Oddanchathiram Taluk,

2. Assistant Director of Survey, And Land Records, Dindigul.

3. Tahsildar, Oddanchathiram Taluk,

4. Head Surveyor, Oddanchathiram Taluk Office, 4/5

G.R.SWAMINATHAN, J.

RM 13.12.2023 5/5