Case Note & Summary
The petitioner, Athiyaman, filed a Writ Petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court seeking a Writ of Mandamus to direct the Tahsildar of Thirumangalam Taluk, Madurai District, to consider his representation dated 2.12.2024. The representation requested survey of land in S.No.80/1 in Urappanur Bit-I Village, Thirumangalam Taluk, Madurai District, with an extent of 1 acre and 34 cents, and issuance of a separate patta in his favour for an extent of 10 cents situated in the southern extreme of the western 38 cents of the total extent. The petitioner had earlier filed W.P(MD)No.2241 of 2024 seeking sub-division of the subject lands, but withdrew it with liberty to approach the respondent by way of representation, as he had not made a representation before filing. Thereafter, he submitted a representation on 2.12.2024, but no action was taken, leading to the present petition. The learned Government Advocate (Civil Side) appearing for the respondent submitted that a notice of survey was issued by the respondent on 8.1.2025 fixing the date of survey as 22.01.2025 by the Firka Surveyor, and that survey would be conducted as per the notice. Recording this statement, the court directed the respondent to conduct the survey as per the directions of this Court in W.P(MD)No.243 of 2025, dated 07.01.2025. The writ petition was disposed of with no costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Survey and Patta - The petitioner sought a direction to the Tahsildar to survey the land and issue separate patta based on his representation dated 2.12.2024 - The court disposed the petition recording the respondent's statement that survey notice was issued for 22.01.2025 - Held that the respondent shall conduct survey as per earlier court directions (Paras 1-6).
Issue of Consideration
Whether the respondent should be directed to consider the petitioner's representation for survey and issuance of separate patta.
Final Decision
Writ Petition disposed of recording respondent's statement that survey will be conducted as per notice dated 8.1.2025 and directing respondent to conduct survey as per directions in W.P(MD)No.243 of 2025 dated 07.01.2025. No costs.
Law Points
- Writ of Mandamus
- Survey of land
- Issuance of patta
- Representation before filing
