Case Note & Summary
The petitioner, Arul Dhamas, filed a Writ Petition under Article 226 of the Constitution of India before the Madurai Bench of Madras High Court seeking a Writ of Mandamus to direct the respondents, namely the District Collector, Sivagangai, the Additional Director of Survey and Land Records, Sivagangai, and the Tahsildar, Illayangudi, to consider his representation dated 2.9.2024 for survey of lands in S.No.124/3A and 124/3B of Ulagamaniyanenthal Village, Nagarakudi Group, Illayangudi Taluk, Sivagangai District, and to erect survey stones. The petitioner claimed that the subject properties were ancestral properties of his father, who was issued patta in Patta No.935. After his father's demise, the petitioner continued in possession and enjoyment, and was issued patta in Patta No.2074. Due to disturbance from neighbouring land owners, the petitioner's father applied for survey and demarcation on 28.11.2025 (likely a typo for 2020 or 2021) with necessary fees, but no survey was conducted. The petitioner applied again on 3.9.2021 and through online on 30.8.2024, but no action was taken. He then sent a representation to the first respondent on 2.9.2024, who forwarded it to the second respondent with a direction to take action by 2.10.2024, but still no action was taken. Hence, the petitioner filed the writ petition. The learned Additional Government Pleader appearing for the respondents submitted that the survey was scheduled to be conducted on 1.2.2025 and requested reasonable time. The Court, considering the submissions, disposed of the writ petition with a direction to the respondents to consider the petitioner's representation dated 2.9.2024 and complete the survey and demarcation within six weeks from the date of receipt of the order. No costs were awarded.
Headnote
A) Constitutional Law - Writ of Mandamus - Survey of Land - Direction to Consider Representation - Petitioner sought mandamus to direct respondents to consider his representation for survey and demarcation of ancestral properties - Court, noting that survey was scheduled, directed respondents to consider representation and complete survey within six weeks - Held that the writ petition is disposed of with direction to consider representation and complete survey within six weeks (Paras 1-6).
Issue of Consideration
Whether the respondents should be directed to consider the petitioner's representation for survey and demarcation of ancestral lands.
Final Decision
The writ petition is disposed of with a direction to the respondents to consider the petitioner's representation dated 2.9.2024 and complete the survey and demarcation of the lands in S.No.124/3A and 124/3B of Ulagamaniyanenthal Village, Nagarakudi Group, Illayangudi Taluk, Sivagangai District within six weeks from the date of receipt of the order. No costs.
Law Points
- Writ of Mandamus
- Survey of land
- Demarcation of boundaries
- Consideration of representation
- Reasonable time for survey
