Veluchamy Reddiar Vs The District Collector

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to forthwith survey and fix the boundary stones and issue individual patta in the petitioners name in respect of the properties held by petitioner as per the document No.815/1974 dated 16.04.1974 registered in the office of Sub Registrar Vadamadurai Dindigul District and considering the petitioner's online application Number 2025/0123/13/010650 and 2025/0105/13470823 dated 19.03.2025.

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For Petitioner : Mr.T.Manikandan

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For Respondents : Mrs.S.Jeyapriya Government Advocate

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ORDER

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The petitioner seeks issuance of writ of mandamus, to direct the

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respondents to conduct survey and fix the boundary stones in respect of the petitioner's property, measuring 4 Acres 42 ½ cents out of total extent

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of 8.85 Acres.

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I have heard the learned counsel on either side.

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According to the learned counsel for the petitioner, total extent of land is about 8.85 Acres, the petitioner is claiming right insofar as 4 Acres 42.5 cents out of the said 8.85 Acres. The petitioner has sought for survey in respect of the lands comprised in survey No.620/1. According to the petitioner, his name was included in the joint patta in patta Nos. 1491, 3818, 3819 and 3820, pursuant to the sale deed dated 16.04.1974 in favour of the petitioner. The petitioner considering his age, about 84 years and health conditions, has sought for issuance of an individual patta in order to enable his legal heirs, to enjoy the property, without any dispute. In this regard, the petitioner has made an application to the Tahsildar /fourth respondent for conducting survey, fixing four boundaries and also for issuance of separate patta. The said application was made on 19.03.2025 and the petitioner seeks consideration of the said application expeditiously.

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The learned Government Advocate would place reliance on the order passed by this Court in a writ petition filed by one Veluchamy Reddiar, dated 04.02.2025, where survey was directed to be conducted based on the application dated 29.11.2024, within a period of twelve weeks. Subject matter of the survey in the said writ petitions are relating to survey Nos.620/1D, 620/1H, 620/1N, 620/1P, 620/2A, 621/1A2, 621/1B2. Now, the petitioner seeks for survey in respect of the property acquired by him under Document No.815/1974 dated 16.04.1974.

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On a perusal of the survey application made by the petitioner, I find that the petitioner seeks survey in respect of following survey numbers, viz., survey Nos.620/1F, 620/1H, 620/1I, 620/1K, 620/1L, 620/1N, 620/1O, 620/1P, 620/2A and 620/2B. It appears to be over lap in respect of some of the survey numbers. Admittedly, the petitioner has not purchased the entire extent. Therefore, it would suffice to direct survey to be conducted in the presence of writ petitioner

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as well as the writ petitioner in W.P.(MD)No.3175 of 2025 filed by one P.Velmurugan. In the event of the fourth respondent finding any dispute between the parties with regard to the title to any of the survey numbers, which have been sought to be surveyed by them, then the fourth respondent shall refrain from conducting any survey in respect of the said survey numbers. In such event, the parties can approach the competent civil Court to relegate the grievances.

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However, if there is no overlap of any or all these survey numbers, then the survey can be proceeded with and the respective applicants of the writ petitioners in all the above writ petitions as well W.P.(MD)No.3175 of 2025 shall be conducted and disposed of within a period of twelve weeks from the date of receipt of a copy of the order. As I had already fixed the time in W.P.(MD)No.3175 of 2025 by order dated 04.02.2025, time granted in the said writ petition is also extended by further period of twelve weeks from the date of receipt of a copy of the order, to enable the survey officials to complete both the surveys in one go.

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