Rajalakshmi vs The Thasildar
2023 Latest Caselaw 3216 Mad

Citation : 2023 Latest Caselaw 3216 Mad
Judgement Date : 27 March, 2023

Madras High Court

Rajalakshmi vs The Thasildar on 27 March, 2023

                                                                             W.P.(MD)No.5491 of 2023

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 27.03.2023

                                                       CORAM

                                  THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

                                                W.P.(MD)No.5491 of 2023

                     Rajalakshmi                                                  ... Petitioner


                                                          Vs.

                     1. The Thasildar,
                        Taluk Office,
                        Vilathikulam,
                        Vilathikulam Taluk,
                        Thoothukudi District.

                     2. The Head Surveyor,
                        Taluk Office,
                        Vilathikulam Taluk,
                        Thoothukudi District.                                   ... Respondents

                     PRAYER : Petition filed under Article 226 of the Constitution of India
                     praying for issuance of Writ of Mandamus, directing the respondents 1 and
                     2 to survey and mark four boundaries of the petitioner's land property along
                     with house with an extent of 327.76 sq.ft., situated in Survey No.652/4,
                     Pillayar Natham, Vilathikulam Taluk, Thoothukudi District based on the
                     petitioner's representation dated 25.02.2023.

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                     Page 1 of 6


https://www.mhc.tn.gov.in/judis
                                                                                    W.P.(MD)No.5491 of 2023

                                   For Petitioner       :         Mr.R.karunanidhi

                                   For Respondents      :         Mr.D.S.Nedunchezhian
                                                                  Govt. Advocate for R1 and R2

                                                        ORDER

This Writ Petition has been filed in the nature of mandamus

seeking a direction against the respondents 1 and 2 / the Tahsildar,

Vilathikukam Taluk, in Thoothukudi District and the Head Surveyor, Taluk

Office, Vilathikulam Taluk, Thoothukudi District, to survey and mark four

boundaries of the property of the petitioner including house measuring

327.76 sq.ft. in S.No.652/4, Pillayar Natham, Vilathikulam Taluk,

Thoothukudi District. The petitioner had given a representation on

25.02.2023.

2. In the affidavit filed in support of the Writ Petition, it had been

stated that the petitioner owns the aforementioned property. Her mother,

Paapathiyammal had executed a release deed in favour of the petitioner by

registered Document No.2407/2011 on the file of Sub Registrar Office,

Vilathikulam Taluk, Thoothukudi District, on 12.08.2011. The petitioner

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https://www.mhc.tn.gov.in/judis W.P.(MD)No.5491 of 2023

had also paid a sum of Rs.4,000/- for the survey at the time on 22.02.2023

for surveying the property. However, the second respondent had not done

so.

3. It had been stated by the learned Government Advocate on

behalf of the respondents that there appears to be a dispute between the

petitioner and the brother of the petitioner herein.

4. It is stated that suits are pending. But even otherwise, my

attention is drawn by the learned counsel for the petitioner to a judgment of

the learned Single Judge of this Court in W.P.(MD)No.14036 of 2020,

Vettaiyar vs. The Tahsildar, Ilayagudi Taluk, Sivagangai District and

another, wherein after examining all facts and circumstances, the learned

Single Judge had stated as follows:

(iv) Pendency of litigation before Court is not a bar for the authorities to conduct survey or resurvey in the absence of any stay / interim order / interim injunction from proceeding further.

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https://www.mhc.tn.gov.in/judis W.P.(MD)No.5491 of 2023

5. In view of the said pronouncement, a direction is given to the

first respondent to proceed further to survey the lands of the petitioner. In

this connection, the first respondent may also issue notice to the brother of

the petitioner herein and thereafter, if the property is identified, survey the

lands. If there is a civil suit pending, the suit can only be for title and the

measurement of the property be done after giving notice not only to the

petitioner but also to the brother of the petitioner herein. If the first

respondent is not inclined to do the survey, then, an order may be passed

giving necessary reasons. But the judgment aforementioned can be kept in

mind. Mere pendency of the suit without giving interim order is not a bar