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Madras High CourtWP(MD)/31910/2025disposed of

Rajalakshmi v. The District Collector

2025-11-11Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :11.11.2025

CORAM:

THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY Rajalakshmi ... Petitioner Vs

1. The District Collector, Thoothukudi District.

2. The Tahsildar, Ottapidaram Taluk, Thoothukudi District.

3. The Firka Surveyor, Ottapidaram Taluk, Thoothukudi District.

4. The Inspector of Police, Ottapidaram Police Station, Thoothukudi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents no. 2 and 3 to conduct a land survey by demarcating and recording the boundaries of the properties situated in Survey No. 497/3, 497/5, 497/2, 497/2A1 and 497/4, Ottapidaram Village, Thoothukudi District pursuant to the Application No. 2025/0123/28/010219 dated 22.09.2025 with the aid of the 4th respondent as expeditiously as possible within the time stipulation as prescribed by this Court. 1/5

For Petitioner : Mr. R.Anand For Respondents : Mr.K.R.Badurus Zaman Government Advocate for R1 to R3 Mr.S.Prakash Government Advocate (Crl.Side) for R4

O R D E R

By relying on a sale deed dated 12.06.2013 (Doc.No.1846 of 2013) and patta No.7492, the petitioner had applied for the survey of land in survey Nos.497/3, 497/5, 497/2, 497/2A1 and 497/4. The persent Writ Petition relates thereto.

2. Learned Government Advocate accepts notice for respondents 1 to 3 and learned Government Advocate (Crl.Side) accepts notice for the fourth respondent. Learned Government Advocate states that the online application and fees were paid only in respect of three survey numbers, namely, 497/2A1, 497/3A and 497/4A1.

3. From the sale deed relied upon by the petitioner, it appears that the petitioner has purchased 3 cents from his vendor, Kasi. Patta No.7492 is a joint patta issued in the names of ten persons, including the 2/5

petitioner. This joint patta pertains only to survey No.497/3A. As regards survey No.497/2A1, the patta corresponding thereto is patta No.3783, which also stands in the names of about eight persons. Survey No. 497/4A1, which is also sought to be surveyed, is not supported by any revenue record. In these circumstances, an inquiry has to be undertaken before taking a decision.

4. Accordingly, this Writ Petition is disposed of by directing the second and third respondents to conduct an inquiry in relation to the petitioner's request for a survey after issuing notice to the joint pattadars in respect of all three survey numbers sought to be surveyed. After providing a reasonable opportunity to such joint pattadars and considering objections, if any, from them, a speaking order shall be issued within three (3) months from the date of receipt of a copy of this order. No costs.

NCS : Yes/No 11.11.2025 Index : Yes / No Internet : Yes / No apd 3/5

To

1. The District Collector, Thoothukudi District.

2. The Tahsildar, Ottapidaram Taluk, Thoothukudi District.

3. The Firka Surveyor, Ottapidaram Taluk, Thoothukudi District.

4. The Inspector of Police, Ottapidaram Police Station, Thoothukudi District.

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SENTHILKUMAR RAMAMOORTHY.,J.

apd ORDER MADE IN 11.11.2025 5/5