Ramesh D Vs The Head Surveyor — Writ and Judicial Review | Madras HC (2025)

Ramesh D Vs The Head Surveyor — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of in view of the survey already conducted on 18.02.2025 (survey report handed over to petitioner's counsel); petitioner granted liberty to apply to the authorities for demolition permission, such applications to be considered on merits and in accordance with law; no order as to costs.

Issue for consideration

Whether a writ of mandamus should be issued directing the first respondent (Head Surveyor) to survey the four boundaries of the petitioner's house measuring 120 square meters in Survey No.596 of 2018 at Appananallur Village, Thottiyam Taluk, Trichy District, within a stipulated period, based on the petitioner's representation dated 11.04.2023. +1 more

Court's answer

The writ petition is disposed of, the record reflecting that the survey sought had already been conducted on 18.02.2025 and a copy of the survey report handed to the petitioner's counsel.

Ratio / Principle

The petitioner is permitted to make a necessary application to the authorities for demolition of the property, and such application shall be considered on merits and in accordance with law as and when filed.

Key takeaways

Any demolition application is subject to the satisfaction of the authorities that the property belongs to the petitioner and falls within the boundaries identified in the survey conducted; the court found no impediment to the petitioner seeking demolition.ratio¶26

Detailed headnote1 paragraphs

Mandamus / Land Survey — W.P.(MD)No.11257 of 2023 (Madras High Court, Madurai Bench), Justice P.B.Balaji, disposed of on 06.03.2025. Petitioner D.Ramesh sought, under Article 226 of the Constitution of India, a writ of mandamus directing the Head Surveyor, Thottiyam Taluk, Trichy District, to survey the four boundaries of his 120-square-metre house in Survey No.596 of 2018, Appananallur Village, based on his application dated 14.03.2023 and representation dated 11.04.2023. At the final hearing the Government Advocate reported that the survey had already been conducted on 18.02.2025 and handed over the survey report to the petitioner's counsel in open court. The court disposed of the writ petition as nothing further survived, permitted the petitioner to apply to the authorities for permission to demolish the property and construct anew — subject to the authorities satisfying themselves that the property belongs to the petitioner and lies within the surveyed boundaries — with any such application to be considered on merits and in accordance with law. No costs were ordered. (Respondent No.2, Inspector of Police, had been deleted from the petition vide court order dated 01.06.2023.)

W.P.(MD)No.11257 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 06.03.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI

W.P.(MD)No.11257 of 2023

D.Ramesh : Petitioner

Vs.

1.The Head Surveyor, Head Surveyor Office, Thottiyam Taluk, Trichy District.

2.The Inspector of Police, Thottiyam Police Station, Trichy District. : Respondents

[R2 is deleted vide court order dated 01.06.2023 in WP(MD)No.11257 of 2023]

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, to direct the first respondent to survey the four boundaries of the petitioner house consisting of 120 square meter in Survey No.596 of 2018 at Appananallur Village, Thottiyam Taluk, Trichy District within a stipulated period of time 1/5

https://www.mhc.tn.gov.in/judis

W.P.(MD)No.11257 of 2023

fixed by this Court, on the basis of the petitioner's representation dated 11.04.2023.

For Petitioner : Mr.K.Gokul

For Respondent No.1 : Mrs.S.Jeyapriya

Government Advocate

O R D E R

The petitioner has filed the present Writ Petition, seeking survey to be conducted based on his application dated 14.03.2023 and representation dated 11.04.2023 and the matter is taken up for final hearing today.

2. Learned Government Advocate would submit that on 18.02.2025, survey has already been conducted and therefore, nothing survives for consideration in the writ petition. Learned Government Advocate has also handed over the copy of the survey report to the learned Counsel for the petitioner in the open Court today.

3. Learned Counsel for the petitioner submits that the petitioner intends to demolish the property and put up a new construction and therefore seeks for necessary liberty to be granted to the petitioner to approach the authorities, seeking permission for demolition in view of the survey conducted on 18.02.2025.

https://www.mhc.tn.gov.in/judis 2/5

W.P.(MD)No.11257 of 2023

4. There is no impediment for the petitioner to seek

demolition of the property subject to the satisfaction of the authorities that the property belongs to the petitioner and comes within the boundaries which has been identified in the survey conducted. Therefore, the petitioner is directed to make necessary application to the authorities, which shall be considered on merits and in accordance with law as and when filed.

5. Accordingly, this Writ Petition is disposed of. There shall

be no order as to costs.

06.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR

https://www.mhc.tn.gov.in/judis

3/5

W.P.(MD)No.11257 of 2023

To

The Head Surveyor, Head Surveyor Office, Thottiyam Taluk, Trichy District.

https://www.mhc.tn.gov.in/judis

4/5

W.P.(MD)No.11257 of 2023

P.B.BALAJI., J.

MR

W.P.(MD)No.11257 of 2023

06.03.2025

https://www.mhc.tn.gov.in/judis

5/5