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2025 Supreme(Mad) 4292
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N. MALA, J.
V. Ramachandran - Petitioner
Versus
The Tahsildar, Dindigul East, Dindigu and Ors. – Respondents
W.P(MD) No.2147 Of 2025
Decided On : 28-01-2025
For the Petitioner: Mr. T.R. Subramanian.
For the Respondents: Mr. A. Kannan, Addl. Govt. Pleader.
The court established the procedural obligations for authorities regarding land surveys, highlighting the need for timely responses to applications and frameworks for addressing objections during the survey process.
Headnote:(A) Writ of Mandamus - Land Survey - The petition filed for a writ of mandamus seeks directions to survey lands and issue separate patta for lands in Ragalapuram Village - The petitioner issued joint patta and applied for survey and demarcation as the respondents failed to act on the application. (Paras 1, 3)
(B) Jurisdiction and Procedure - Aggrieved parties can seek review if material facts are suppressed - Directions provided include online application submission, inquiry into objections, and police protection if necessary. (Paras 4, 5)
Facts of the case:
The petitioner sought separation of patta for a total of 1 acre and 35 cents after initiating a survey due to inaction from authorities following a joint patta issuance. (Paras 3, 6)
Findings of Court:
The Court issued specific directions for the survey process, ensuring that objections will be considered, and the survey completed within six weeks. (Paras 5, 6)
Issues: The main issue involved the lack of action by survey authorities on the petitioner’s application for issuing separate patta and conducting a survey. (Paras 1, 3)
Ratio Decidendi: The court emphasized the importance of prompt action by authorities on applications for land surveys and defined the procedural framework for addressing objections, ensuring the rights of all parties are considered. (Paras 5, 6)
Result: Writ Petition stands disposed of.
| Table of Content |
|---|
| 1. petition for land surveying and boundary demarcation. (Para 1 , 3) |
| 2. court accepts the case for final disposal. (Para 2 , 4) |
| 3. directions for conducting land survey issued. (Para 5) |
| 4. writ petition disposed of with no costs. (Para 6) |
ORDER :
(N. MALA, J.)
This Writ Petition is filed for a Writ of Mandamus directing the respondents 1 and 2 to consider the Petitioner’s representation, dated 1.11.2022 to survey the lands and earmark the boundaries in the property situated at Ragalapuram Village, Dindigul East, Dindigul District in Joint Patta No.168 in S.No.375 and to issue separate patta for an extent of 43 cents in the Petitioner’s name and in Ragalapuram Village, Dindigul East, Dindiul District in Joint Patta No.922 in S.Nos. 374 and 378/1 and also to issue patta for 50 cents in S.No.374 and 64 cents in 4378/1, a total extent of 1 acre and 35 cents in favour of the Petitioner’s name.
2. Mr.A.Kannan, learned Additional Government Pleader takes notice for the respondents 1 and 2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3.The Petitioner was issued joint patta in Patta No.168 for S.No.375 to an extent of 43 cents and joint patta in Patta No.922 in S.Nos. 374 and 378/1 to an extent of 50 cents and 64 cents, totally 1 acre and 35 cents in Ragalapuram Village, Dindigul East, Dindigul District and the Petitioner in order to get separate patta for the entire 1 acre and 35 cents for the aforesaid lands applied for survey and demarcation of boundaries for the subject properties. The Petitioner along with application, paid necessary charges on 01.11.2022 to the second respondent. Since the second respondent failed to take any action, the Petitioner filed the above Writ Petition for the aforesaid relief.
4.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.
5.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 that the objector can move the concerned Court for injunction. If before the proposed date of survey, the objector is unable to obtain any injunction order, the survey can very well go on.
(VI) It is open to the parties to serve memo of instructions to the surveyor at the time of conducting survey. The same will be borne in mind. While it cannot be binding on the surveyor, the same will be taken note of.
(VII) If the jurisdictional authority finds objections to be having substance, then, he shall call upon the applicant to move the jurisdictional civil Court for agitating his rights.
(VIII) If required, the survey authority is empowered to seek aid of the jurisdictional police and the jurisdictional police are mandated to
