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2025 Supreme(Mad) 4198
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N.Mala, J.
Arul Dhamas - Petitioner
Vs.
The District Collector, Collectorate, Sivagangai - Respondent
W.P(MD)No.2191 Of 2025
Decided On : 30-01-2025
Advocate Appeared:
For the Petitioner: Mr.M.Gurudas
For the Respondents: Mr.A.Kannan, Addl.Govt.Pleader
The court confirmed the right to survey ancestral property, emphasizing the duty of authorities to act on petitions timely, ensuring fair administrative procedures.
Headnote:(A) Relevant laws - Writ of Mandamus - The petition is directed to the survey authority regarding the measurement and boundary fixing of the petitioner's ancestral properties. No action failed following multiple submissions by the petitioner. Directions are issued for conducting the survey within six weeks. (Para 3-8)
(B) Public duty - The State's obligation to conduct surveys and recognize possession is emphasized through the administration of relevant procedures laid down by the court, ensuring fairness in the process. (Para 7)
Facts of the case:
The petitioner sought a Writ of Mandamus for conducting a survey of ancestral lands after repeated non-responses from authorities, claiming rights as effectuated by continuous enjoyment and possession of the said lands since the parent's demise.
Findings of Court:
The court acknowledged the delay and directed the respondents to conduct the survey as stipulated by earlier protocols to ensure adherence to the legal obligations concerning land rights.
Issues: Whether the petitioner is entitled to a survey of the ancestral property after delays from government bodies.
Ratio Decidendi: The court underscored the respondent's duty to address applications timely and established a procedural framework for resolving land disputes, affirming the right to survey and clarity in boundaries.
Result: Writ Petition disposed of with directions.
| Table of Content |
|---|
| 1. petitioner's claim of possession upheld due to historical pattas. (Para 3) |
| 2. survey directed with recognition of petitioner's rights. (Para 4) |
| 3. procedures outlined for survey applications and objections. (Para 5 , 7) |
| 4. final ruling issued with directions. (Para 8) |
ORDER :
N.Mala, J.
**********
This Writ Petition is filed for a Writ of Mandamus directing the respondents to consider the Petitioner’s representation, dated 2.9.2024 to survey the lands in S.No.124/3A and 124/3B of Ulagamaniyanenthal Village, Nagarakudi Group, Illayangudi Taluk, Sivagangai District.
2.Mr.A.Kannan, learned Additional Government Pleader takes notice for the respondents 1 to 3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3.The Petitioner states that the subject properties are ancestral properties of the Petitioner’s father and Petitioner’s father was issued patta in Patta No.935. After demise of his father, the Petitioner was in continuous enjoyment and possession of the said properties. In recognition of his possession and enjoyment, the Petitioner was issued patta in Patta No.2074. Since some of the neighbouring land owners disturbed the Petitioner’s father, the Petitioner’s father’s possession, decided to survey and measure the above said lands and to fix the boundaries of the same so as to identify his property. The Petitioner’s father applied for survey and demarcation of boundaries on 28.11.2025 along with necessary fees. As no survey was conducted, the Petitioner applied for survey on 3.9.2021 along with necessary fees.Even thereafter, no action was taken. Again the Petitioner submitted his application through online on 30.8.2024. As no action was taken even thereafter, the Petitioner sent representation to the first respondent on 2.9.2024, who in turn forwarded the Petitioner’s application to the second respondent to take action on or before 2.10.2024. Inspite of the same, no action was taken and therefore, the Petitioner was constrained to file the above Writ Petition for the aforesaid relief.
4.The learned Additional Government pleader appearing for the respondents 1 to 3, on instructions from the third respondent, submitted that the survey is going to be conducted on 1.2.2025 and therefore, reasonable time may be granted for completing the survey.
5. In view of the submissions of the learned Additional Government Pleader, a direction is issued to the third respondent to conduct the enquiry as per the following directions.
6. It is open to any aggrieved party to move this Court either by way of review or recall of this order, if there is any suppression of material facts by the petitioner.
7. This Court in W.P(MD)No.12676 of 2024, dated 14.06.2024 issued certain directions for considering the application for survey and fixing the boundary. Following the said order, the following directions are issued:
(I) The petitioner is directed to submit his / her application in on-line mode. The survey authority will scrutinize if the application submitted by the petitioner is in order. Patta need not be in the name of the applicant. If patta is in the name of the vendor and mutation has not been effected, still the application can be considered.
(II) The petitioner will have to enclose all the relevant documents such as patta. The applicant must have individual patta in his / her name. If he / she is having joint patta, co-pattadars must give their consent for conducting survey.
(III) The survey authority will issue notice to the writ petitioner as well as the adjacent land owners and also to the interested persons, if any.
(IV) Enquiry shall be held. During enquiry, objections raised by the adjacent land owners / interested persons shall be considered.
(V) If according to the jurisdictional authority, the objections are without any basis, the same shall be overruled and the objectors shall be informed accordingly. But the survey will be conducted only after a period of six weeks so th
