W.P.(MD)No.8405 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2025 CORAM: THE HONOURABLE MR JUSTICE P.B. BALAJI W.P.(MD)No.8405 of 2025 K.Ulakandaeeswari .... Petitioner /Vs./ 1. The Tahsildar Ettayapuram Taluk, Thoothukudi District. 2. The Surveyor Ettayapuram Taluk, Thoothukudi District. .... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to survey and demarcate the property in Survey No.15/8, 152/1B, 162/1, 163/1, 165/2, 165/6,166/3B and 162/3 measuring totally 6.91 Hectares (691 ares) situated at Kadalaiyoor Village, Ettayapuram Taluk, Thoothukudi District. For Petitioner : Mr.R.J.Karthick For Respondents : Mr.B.Saravanan Additional Government Pleader 1/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.8405 of 2025 ORDER The petitioner seeks issuance of a Writ of Mandamus to direct the petitioner's application for survey dated 05.12.2024 and 28.02.2025 to be acted upon. 2. The petitioner's father was issued patta in patta No.6043 and the petitioner's mother in respect of her lands was issued patta. The petitioner and his brothers have been issued joint patta in Patta No.6111. The petitioner has made an application on 05.12.2024 seeking survey of lands in survey No.162/3 and thereafter, another application on 28.02.2025 seeking survey of survey Nos.15/8, 152/1B, 162/1, 163/1, 165/2, 165/6 and 166/3B. 3. The learned Additional Government Pleader appearing for the respondents would submit that the property of the petitioner is not bounded on four sides and therefore, survey exercise cannot be undertaken, unless the petitioner is able to identify a specific property which is bounded on all four sides. 4. The learned counsel for the petitioner would contend that there 2/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.8405 of 2025 is no dispute on the ground and FMB sketch is also intact and further, the legal representatives, who are the other co-pattadhars, have no objections for the survey and the petitioner would be in a position to produce No Objection Certificates or consent letters received from the other pattadhars in whose names both the pattas are jointly mutated, as a precondition for survey exercise to be undertaken by the official respondents. 5. In view of the above, the writ petition is disposed of with a direction to the petitioner to produce No Objection Certificates or consent letters of the co-pattadhars in respect of all the survey numbers. On production of such no objection certificates/ consent letters, the respondents shall proceed to conduct a survey and dispose of the petitioner's applications, on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. No costs. Index : Yes / No NCC : Yes / No 26.03.2025 am 3/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.8405 of 2025 To 1. The Tahsildar Ettayapuram Taluk, Thoothukudi District. 2. The Surveyor Ettayapuram Taluk, Thoothukudi District. 4/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.8405 of 2025 P.B. BALAJI , J. am Order made in W.P.(MD)No.8405 of 2025 Dated: 26.03.2025 5/5 https://www.mhc.tn.gov.in/judis