S.Gopal @ Gopalakrishnan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.(MD)No.1757 of 2024 S.Gopal @ Gopalakrishnan ... Petitioner vs.

1.The Tahsildar, Kodaikanal Taluk, Dindigul District.

2.The Head Surveyor, Kodaikanal Taluk, Dindigul District.

3.The Firka Surveyor, Vilpatti Village, Kodaikanal Taluk, Dindigul District.

4.The Inspector of Police, Kodaikanal Police Station, Dindigul District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to survey, demarcate and determine the boundary of the petitioner's land to 1/5

the extent of 20 cents in Survey No.1369/7B vide Patta No.10789 situated at Vilpatti Village, Kodaikanal Taluk, Dindigul District, based on petitioner's application No.20230511006391 dated 11.05.2023 and consequently direct the 4th respondent to give a police protection at the time of survey the above said property within a specific period as fixed by this Court.

For Petitioner : Mr.S.Balaji For R1 & R3 : Mrs.K.Christy Theboral Additional Government Pleader For R4 : Mrs.M.Aasha Government Advocate (Crl.side)

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to survey, demarcate and determine the boundary of the petitioner's land to the extent of 20 cents in Survey No.1369/7B vide Patta No.10789 situated at Vilpatti Village, Kodaikanal Taluk, Dindigul District, based on the petitioner's application No. 20230511006391 dated 11.05.2023 and consequently direct the 4th respondent to give police protection at the time of surveying the above said property.

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2. By consent of both the parties, this writ petition is taken up for final disposal.

3. When the matter is taken up for hearing today, the learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that the date is fixed for measuring the petitioner's property on 08.02.2024.

4. Considering the above said submission, this Court, without expressing any opinion on the merits of the matter, directs the respondents to survey, demarcate and determine the boundary of the petitioner's land to an extent of 20 cents in Survey No.1369/7B situated at Vilpatti Village, Kodaikanal Taluk, Dindigul District, with the police protection if necessary, by considering the petitioner's application dated 11.05.2023, after affording reasonable opportunity to all the parties concerned, within a period of eighteen weeks from the date of receipt of a copy of this order. It is made clear that the petitioner shall bear the expenses of the police protection.

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5. With the above directions, this Writ Petition is disposed of. No costs.

30.01.2024 akv To 1.The Tahsildar, Kodaikanal Taluk, Dindigul District.

2.The Head Surveyor, Kodaikanal Taluk, Dindigul District.

3.The Firka Surveyor, Vilpatti Village, Kodaikanal Taluk, Dindigul District.

4.The Inspector of Police, Kodaikanal Police Station, Dindigul District.

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V.BHAVANI SUBBAROYAN,J.

akv W.P(MD)No.1757 of 2024 30.01.2024 5/5