Case Note & Summary
The petitioner, Mageswari, filed a writ petition under Article 226 of the Constitution of India seeking a mandamus directing the respondents (District Collector, Revenue Divisional Officer, Tahsildar, and Taluk Surveyor of Karur District) to conduct a survey and fix boundaries of her properties comprised in Survey Nos. 421/1B (extent 0.31.58 ares) and 422/1 (extent 0.29.15 ares) situated at Keeranur Village, Kadavur Taluk, Karur District, based on her application dated 28.09.2024. The petitioner claimed to be the absolute owner of the properties and stated that she had been issued patta for them. She sought the survey to protect and safeguard her property. The respondents were represented by Mr. A. Kannan, Additional Government Pleader, who took notice. By consent of both parties, the writ petition was taken up for final disposal at the admission stage. The court, after hearing the submissions, observed that the petitioner had made an application for survey and boundary fixation, and the respondents were duty-bound to consider and dispose of the same in accordance with law. The court directed the respondents to conduct the survey and fix boundaries within a period of eight weeks from the date of receipt of a copy of the order, provided the petitioner complies with any formalities required. The writ petition was disposed of with no order as to costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Survey and Boundary Fixation - Article 226 of the Constitution of India - Petitioner sought mandamus directing revenue authorities to conduct survey and fix boundaries of her property - Court held that the petitioner is entitled to have her property surveyed and boundaries fixed as per her application, and directed the respondents to complete the process within eight weeks (Paras 1-4).
Issue of Consideration
Whether the respondents should be directed to conduct survey and fix boundaries of the petitioner's property based on her application dated 28.09.2024.
Final Decision
The writ petition is disposed of directing the respondents to conduct survey and fix boundaries of the petitioner's property in S.No.421/1B and S.No.422/1 at Keeranur Village, Kadavur Taluk, Karur District, within a period of eight weeks from the date of receipt of a copy of this order, provided the petitioner complies with any formalities required. No costs.
Law Points
- Mandamus
- Survey and boundary fixation
- Duty of revenue authorities
- Time-bound disposal
Case Details
2025 LawText (MAD) (01) 290
For Petitioner: Mr.B.Jameel Arasu, For Respondents 1 to 4: Mr.A.Kannan, Additional Government Pleader
1.The District Collector, Office of the District Collectorate, Karur District. 2.The Revenue Divisional Officer, Kulithalai, Karur District. 3.The Tahsildar, Kadavur Taluk, Karur District. 4.The Taluk Surveyor, Kadavur Taluk, Karur District.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a mandamus for survey and boundary fixation of property.
Remedy Sought
Petitioner sought a writ of mandamus directing the respondents to conduct survey and fix boundaries of her property based on her application dated 28.09.2024.
Filing Reason
Petitioner, being the absolute owner of the properties, wanted to protect and safeguard her property by having the survey and boundaries fixed.
Issues
Whether the respondents should be directed to conduct survey and fix boundaries of the petitioner's property based on her application dated 28.09.2024.
Submissions/Arguments
Petitioner submitted that she is the absolute owner of the properties and has patta, and she made an application for survey and boundary fixation to protect her property.
Respondents' counsel took notice and did not oppose the petition.
Ratio Decidendi
A person who is the owner of property and has made an application for survey and boundary fixation is entitled to have the same considered and disposed of by the revenue authorities in accordance with law, and a writ of mandamus can be issued to direct the authorities to perform their duty within a reasonable time.
Judgment Excerpts
This Writ Petition is filed for a mandamus directing the respondents to conduct the survey and fix boundaries in respect of the Petitioner's property comprised in S.No.421/1B of an extent of 0.31.58 and S.No.422/1 of an extent of 0.29.15 ares situate at Keeranur Village, Kadavur Taluk, Karur District on the basis of the Petitioner’s application, dated 28.09.2024 within the time stipulated by this Court.
The Petitioner is the absolute owner of the properties comprised in S.No.421/1B measuring an extent of 0.31.58 ares and S.No.422/1 measuring an extent of 0.29.15 ares situate at Keeranur Village, Kadavur Taluk, Karur District and the Petitioner was also issued with patta for the above said properties.
In view of the above, this Court directs the respondents to conduct survey and fix boundaries in respect of the Petitioner's property within a period of eight weeks from the date of receipt of a copy of this order, provided the Petitioner complies with any formalities required.
Procedural History
The writ petition was filed on an unspecified date and taken up for final disposal at the admission stage by consent of both parties on 07.01.2025.
Acts & Sections
- Constitution of India: Article 226
