Case Note & Summary
The petitioner, C. Rabeekraja, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court, seeking a mandamus to direct the revenue authorities—the District Collector, Thasildar, and Taluk Surveyor of Madurai District—to survey, demarcate, and fix boundaries of his lands situated in R.S. No. 5/3A2, 5/3A3, 5/3A4, 5/3B1, 5/3B2, 5/3B3, 5/3C, and 5/3D of Managiri Village, Madurai North Taluk, Madurai District. The petitioner claimed absolute possession and enjoyment of an extent of 1 acre 12 cents in these survey numbers along with four others. However, a civil suit (O.S. No. 386 of 2008) had been filed by the vendors of the petitioner against 36 defendants, including the petitioner, to establish that the petitioner’s property was not in dispute. To substantiate his title and possession, the petitioner required a survey, and accordingly submitted an online application on 11.03.2025 to the authorities. When no action was taken on the application, he approached the High Court. The court heard the counsel for the petitioner and the Government Advocate for the respondents. Without recording any counter-arguments from the respondents, the court considered the admitted position and found it appropriate to issue directions. The court disposed of the writ petition by directing the second respondent (Thasildar), with the assistance of the third respondent (Taluk Surveyor), to conduct the survey as requested by the petitioner in his application dated 11.03.2025, within a period of twelve weeks from the receipt of a copy of the order. No order as to costs was made. The judgment essentially affirms the availability of the writ remedy to compel performance of the public duty to survey land when an application is pending and circumstances warrant it.
Headnote
A) Constitutional Law - Writ Jurisdiction - Mandamus for Survey - Constitution of India, 1950, Article 226 - The petitioner sought a writ of mandamus directing revenue authorities to survey and demarcate lands, claiming possession and title. The court, considering the application filed on 11.03.2025, directed the second respondent with assistance of the third respondent to conduct the survey within twelve weeks from the date of receipt of the order copy. Held that the writ petition is disposed of accordingly with no costs (Paras 1-5).
Issue of Consideration
Whether the petitioner is entitled to a writ of mandamus directing the revenue authorities to conduct survey and demarcation of his lands based on a pending application.
Final Decision
The writ petition is disposed of directing the second respondent (Thasildar) with the assistance of the third respondent (Taluk Surveyor) to conduct survey of the petitioner's lands as per his application dated 11.03.2025, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.
Law Points
- Writ of Mandamus
- survey of land
- compliance with application
