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2025 Supreme(Online)(Mad) 67377

IN THE HIGH COURT OF JUDICATURE AT MADRAS
SENTHILKUMAR RAMAMOORTHY, J
P.Pugalenthi – Appellant
Versus
The District Collector – Respondent
Writ Petition under Article 226 of the Constitution



Advocates:
For the Appellants/Petitioners: Mr. C. Susikumar
For the Respondents: Mr. P. Thambidurai, Mr. S. Prakash

The Court mandated the procedural requirement of notification and objection consideration prior to surveying property.

Headnote:The judgment pertains to a Writ Petition under Article 226 of the Constitution, where the petitioner seeks a Writ of Mandamus to direct the respondents to measure and demarcate properties. The Court considered the presented death and legal heirship certificates for the petitioner's request, concluding that a case was made for further action. The Court framed the issue of procedural requirements and the necessity of notifying adjacent landowners. The Court directed the respondents to initiate a survey, considering potential objections within three months. Consequently, the petition was disposed of as per the directions given.

Table of Content
1. petitioner applied for land survey based on legal heirship. (Para 1 , 2)
2. government advocates proposed procedural notification. (Para 3)
3. court directed further actions with a completion timeline. (Para 4)

O R D E R

By relying on patta No.333 in the name of the petitioner's father, the petitioner had applied for a survey of land in survey No.322/1A1 of an extent of 2.42 ares.

2. At the last hearing, learned counsel for the petitioner requested for time to produce the death certificate and legal heirship certificate of his father. The said documents have been filed today. The death certificate discloses that his father died on 20.04.2024. The legal heirship certificate sets out the names of six Class-I legal heirs, including the petitioner. In view of these documents, a case is made out to consider the petitioner's request.

3. Learned Government Advocate for respondents 1 to 4 submits that a notice would be issued to owners of relevant adjacent lands and a decision would be taken after considering objections, if any, from them.

4. Accordingly, this Writ Petition is disposed of by directing the respondents 2 to 4 to initiate action on the petitioner's request for a survey after issuing notice to owners of relevant adjacent lands and to the other legal heirs of the late Periyasamy. Objections, if any, from the said persons shall be considered before a decision is taken. The entire process shall be concluded within three (3) months from the date of receipt of a copy of this order. No costs.

NCS : Yes/No 19.11.2025 Index : Yes / No Internet : Yes / No apd To

1. The District Collector, Sivagangai, Sivagangai District.

2. The Tahsildar, Thirupathur, Sivagangai District.

3. The Firka Surveyor, Thasildar Office, Thirupathur, Sivagangai District.

4. The Head Surveyor, Thasildar Office, Thirupathur, Sivagangai District.

5. The Inspector of Police, Thirupathur Police Station, Sivagangai District.

SENTHILKUMAR RAMAMOORTHY.,J.

apd ORDER MADE IN

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