Case Note & Summary
The dispute arose from a writ petition under Article 226 of the Constitution of India filed by Mohamed Yusuf, who sought a writ of mandamus directing the Tahsildar and Head Surveyor at Pattukottai to survey his land bearing survey number 240/3 at Adhiramapattinam, Thanjavur District, based on an online application dated 17.12.2024, with police protection if needed. The petitioner claimed title through a registered sale deed dated 08.02.2024 and a patta, and asserted that the survey was necessary to demarcate his property. However, the officials were unable to proceed because of objections raised by the fourth respondent, Muthukrishnan. At a prior hearing, the Government Pleader informed the Court that a suit, O.S.No.508 of 2024, filed by the fourth respondent was pending, which the revenue authorities cited as an impediment to conducting the survey. During the final hearing, counsel for the petitioner clarified on instructions that the suit concerned survey number 240/2, not the survey number 240/3 for which survey was sought. The Court accepted this clarification and held that there was no legal impediment to surveying the petitioner's land. Considering the objections of the fourth respondent, the Court directed that the first respondent could seek police assistance from the third respondent to ensure the survey was conducted peacefully and without any law and order problem. The Court ordered respondents 2 and 3 to carry out the survey within four weeks from receipt of the order copy and disposed of the writ petition without costs.
Headnote
A) Civil Procedure - Land Survey - Mandamus - Constitution of India, Article 226 - Pendency of a civil suit by a third party in respect of a different survey number does not bar survey of the petitioner's land in a distinct survey number; when petitioner holds registered sale deed and patta for the survey number sought to be surveyed, the revenue authorities are under an obligation to conduct survey; court directed survey within four weeks and permitted police assistance to avert law and order issues (Paras 2-4).
Issue of Consideration
Whether a pending civil suit concerning a different survey number (240/2) constitutes a bar to conducting a survey of the petitioner's land in survey number 240/3.
Final Decision
The writ petition is disposed of with directions: respondents 1 and 2 shall conduct the survey of S.No.240/3 based on the petitioner's application; if needed, first respondent may seek assistance of third respondent (police) to ensure law and order; exercise to be completed within four weeks from date of receipt of copy of order; no costs.
Law Points
- Pendency of a civil suit in respect of a different survey number does not bar survey of another survey number
- Court may direct police protection for survey to maintain law and order
