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Madras High CourtWP(MD)/1799/2024disposed of

Kumaresamuthuramalingam v. The District Collector

2025-02-13Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI Kumaresamuthuramalingam ... Petitioner Vs.

1.The District Collector, Tenkasi District, Tenkasi.

2.The Tahsildar, V.K.Pudur Taluk, Tenkasi District.

3.The Taluk Surveyor, V.K.Pudur Taluk, Tenkasi District.

4.The Inspector of Police, Uthumalai Police Station, Tenkasi District.

5.Muthaathal 6.Madasamy 7.Selvaraj 8.Subbiah Pandian ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the third respondent to survey the petitioner's land situated in S.No.697/1C to an extent of 3 Acre 26 cents (1.32.00 1/5

Hectares) of total extent of 9 Acres 78 cents (3.96.00 Hectares) Palapathiraramapuram Village, V.K.Pudur Taluk, Tenkasi District, by demarcating the boundaries with the help of fourth respondent's police protection on the basis of the petitioner's representation dated 04.01.2024. For Petitioner : Mr.M.Sankar For R1 to R3 : Mrs.K.Malathi, Additional Government Pleader For R4 : Mr.S.Prakash Government Advocate (Crl.side) For R5 to R8 : No appearance

ORDER

The petitioner seeks limited relief of issuance of a Writ of Mandamus to direct the third respondent to conduct survey of his land situated in S.No.697/1C to an extent of 3 Acre 26 cents (1.32.00 Hectares) of total extent of 9 Acres 78 cents (3.96.00 Hectares), Palapathiraramapuram Village, V.K.Pudur Taluk, Tenkasi District, and to demarcate the boundaries in the presence of the fourth respondent's police officials. The petitioner has made an application for the said survey on 13.04.2023 and representation on 04.01.2024. Now, he seeks expeditious disposal of his application for survey. 2/5

2. Considering the limited scope of the relief sought for in this writ petition, this writ petition is taken up for final disposal with the consent of the learned counsel on either side. The petitioner had impleaded the private respondents 5 to 8, who according to the petitioner are obstructing the survey being carried out, though they have no interest in the petitioner's property and being only neighbours. Considering the above, there shall be a direction to the respondents 2 and 3 to conduct survey of the petitioner's land in pursuance of the application dated 13.04.2023, after giving notice to the private respondents 5 to 8. It is made clear that if the respondents 2 and 3 apprehend any breach of peace or law and order issues and they may require the assistance of the police officials, then they will make a request to the fourth respondent, who shall provide adequate police protection at the time of conducting survey. The said exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.

3. With the above direction, this Writ Petition is disposed of. No costs. 13.02.2025 Rmk NCC: Yes/No Index : Yes / No 3/5

To 1.The District Collector, Tenkasi District, Tenkasi.

2.The Tahsildar, V.K.Pudur Taluk, Tenkasi District.

3.The Taluk Surveyor, V.K.Pudur Taluk, Tenkasi District.

4.The Inspector of Police, Uthumalai Police Station, Tenkasi District.

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P.B.BALAJI , J.

Rmk 13.02.2025 5/5