Case Note & Summary
The writ petition was filed by Priskillal Seeni under Article 226 of the Constitution of India before the Madurai Bench of Madras High Court. The petitioner claimed to have purchased 25 cents of punjai land in Survey Nos.89/2 and 89/1B of Veeriruppu Village, Sankarankovil Taluk, Tenkasi District, through a registered sale deed from one Krishnan. A joint patta had been issued in the names of the petitioner and one Madasamy. The petitioner sought a writ of mandamus directing the second respondent, the Surveyor, to conduct a survey, effect sub-division, and issue a separate patta for his portion of the land, based on a representation dated 23.12.2024. When the matter came up for admission, the learned Special Government Pleader appearing for respondents 1 and 2 (Tahsildar and Surveyor) submitted that an appeal petition filed by the petitioner's vendor, Krishnan, was pending before the Revenue Divisional Officer, Sankarankovil. It was argued that until that appeal was resolved, the petitioner's request for survey could not be acted upon. The court agreed that the pendency of the appeal was a bar to granting the mandamus at that stage. However, to ensure that the petitioner's rights were not prejudiced, the court disposed of the writ petition with specific directions. The court permitted the petitioner to amend his prayers and file necessary applications to become a party in the pending appeal before the Revenue Divisional Officer. The Revenue Divisional Officer was directed to dispose of the appeal within twelve weeks from the date of receipt of a copy of the order, in accordance with law, after affording an opportunity of hearing to all concerned parties. The officer was also directed to consider the petitioner's request for survey at the time of disposal of the appeal, after hearing the petitioner. Additionally, the court directed the third respondent, the Inspector of Police, to provide necessary protection for the conduct of the survey if required. The matter was adjourned to 17.03.2025. This order essentially defers the survey to the outcome of the revenue appeal while protecting the petitioner's opportunity to participate in those proceedings.
Headnote
A) Land Revenue - Survey and Settlement - Writ Mandamus for Survey when Appeal Pending - Constitution of India, 1950, Article 226 - The petitioner sought survey based on sale deed; a revenue appeal filed by the vendor was pending before the Revenue Divisional Officer - Held, until the appeal is resolved, the request for survey cannot be acted upon; the writ petition is disposed of with directions for the petitioner to seek impleadment and for the Revenue Divisional Officer to dispose of the appeal within 12 weeks and consider the survey thereafter (Paras 3-4).
Issue of Consideration
Whether a writ of mandamus directing survey and issuance of patta can be granted when an appeal filed by the petitioner's vendor is pending before the Revenue Divisional Officer?
Final Decision
Writ petition disposed of with directions: petitioner may amend prayer to seek relief in pending appeal; Revenue Divisional Officer to dispose of appeal within 12 weeks and consider survey; Inspector of Police to provide protection for survey. No costs.
Law Points
- Mandamus cannot be issued for survey when related appeal is pending
- expeditious disposal of revenue appeal
- survey to be considered after resolution of title issue
