Case Note & Summary
The petitioner, Ramanathan, filed a Writ Petition under Article 226 of the Constitution of India seeking a Writ of Mandamus to direct the second respondent, the Taluk Surveyor, Peravurani Taluk, Thanjavur District, to conduct a survey and fix the four boundaries of his property in S.No.52/2B1A, extent 2 ½ cents, situated at Nattanikkottai Village, Peravurani Taluk, Thanjavur District, based on his online application dated 16.12.2024. The petitioner had purchased the property under a registered sale deed (Document No.3362 of 2024) and was issued patta No.20162. He was in peaceful possession and enjoyment of the property. With a view to fence his property, he submitted an application on 16.12.2024 to the first respondent, the Tahsildar, along with necessary fees for survey and demarcation. As no action was taken, he approached the High Court. The court, after hearing the petitioner's counsel and the Government Advocate for the respondents, took up the petition for final disposal at the admission stage. The court noted that it is open to any aggrieved party to move the court by way of review or recall if there is suppression of material facts. Following its earlier order in W.P(MD)No.12676 of 2024 dated 14.06.2024, the court issued directions: (I) the petitioner must submit the application online; the survey authority will scrutinize if the application is in order; patta need not be in the applicant's name; if patta is in the vendor's name and mutation has not been effected, the application can still be considered. (II) The petitioner must enclose all relevant documents such as patta; the applicant must have individual patta in his/her name; if joint patta, co-pattadars must consent. (III) The survey authority will issue notice to the writ petitioner, adjacent land owners, and interested persons. (IV) An enquiry shall be held, during which objections from adjacent land owners/interested persons shall be considered. (V) The survey authority shall conduct the survey and fix boundaries after following the above procedure, within a period of twelve weeks from the date of receipt of a copy of the order. The writ petition was disposed of with these directions.
Headnote
A) Constitutional Law - Writ of Mandamus - Survey and Demarcation - Article 226 of the Constitution of India - Petitioner sought direction to conduct survey and fix boundaries of property - Court held that the application for survey can be considered even if patta is not in applicant's name, provided relevant documents are enclosed - Directions issued for online application, scrutiny, notice to adjacent landowners, and enquiry (Paras 1-5).
Issue of Consideration
Whether the petitioner is entitled to a direction for survey and demarcation of his property based on an online application submitted to the revenue authorities.
Final Decision
The writ petition was disposed of with directions to the survey authority to conduct survey and fix boundaries after following the procedure outlined in the order, within twelve weeks from receipt of a copy of the order.
Law Points
- Writ of Mandamus
- Survey and demarcation
- Online application
- Patta requirement
- Notice to adjacent landowners
- Enquiry before survey
