Mookayi v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Mookayi ... Petitioner /Vs./ 1.The Tahsildar, Thuraiyur Taluk Office, Trichy District.

2.The Head Surveyor, Thuraiyur Taluk Office, Trichy District.

3.The Inspector of Police, Uppiliyapuram Police Station, Trichy District.

4.Nadarajan 5.Raghavan ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 & 2 to survey the petitioner's properties comprised in Survey Nos.456/1, 2, 5, 6, 7, 8 are situated at Venkatachalapuram Revenue Village, Thuraiyur Taluk, Trichy 1/6

District based on her representation dated 10.01.2025 and consequently direct the third respondent police to provide adequate police protection during conduct of survey.

For Petitioner : Mr.K.Arunraj For R1 & R2 : Mr.B.Saravanan Additional Government Pleader For R3 : Mr.Vaikkam Karunanithi Government Advocate (Crl.side)

ORDER

This writ petition has been filed for issuance of writ of mandamus to direct the respondents 1 & 2 to survey the petitioner's properties in Survey Nos.456/1, 2, 5, 6, 7, 8 situated at Venkatachalapuram Revenue Village, Thuraiyur Taluk, Trichy District and also to direct the third respondent, namely, the Inspector of Police, Uppiliyapuram Police Station to provide adequate police protection during conduct of survey.

2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 2/6

3. I have heard the learned counsel appearing on either side and perused the materials placed before this Court.

4. According to the petitioner, she owns ancestral property in Venkatachalapuram Revenue Village, Thuraiyur Taluk and she has been in possession and enjoyment of the same for several years. The property originally belonged to her grandfather one Mudiyan Muthuraja. It is also a case of the petitioner is that, joint patta has been issued in the name of the legal heirs after demise of the said Mudiyan Muthuraja in Patta No.1804. The petitioner has made a request for survey of her properties and also paid the necessary fees on 06.12.2024. The petitioner has, thereafter, moved the writ petition before this Court in W.P(MD)No. 908 of 2024 seeking survey of her properties. The said writ petition was dismissed on 10.01.2025 giving liberty to the petitioner to submit a representation to the respondents 1 & 2 for speedy disposal of her application for survey. In furtherance thereof, on 10.01.2025 the petitioner has sent a detailed representation to the respondents 1 & 2 seeking survey of her property. The said representation is sought to be disposed of by way of present writ petition.

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5. The learned Additional Government Pleader appearing for the respondents 1 & 2 would submit that the representation of the petitioner has been received and within twelve weeks, the survey would be conducted. The respondents 1 & 2 shall decide, if there is any requirement of police protection and if they desire so, they can make a request to the jurisdictional police, namely, the third respondent to provide adequate police protection at the time of survey.

6. The respondents 1 & 2 shall carry out the survey in the presence of the respondents 4 & 5 by following the due process of law as contemplated under the Tamil Nadu Survey and Boundaries Act, 1923 and dispose of the application within a period of twelve (12) weeks from the date of receipt of a copy of this order.

7. Accordingly, the writ petition is disposed of with the above directions. No costs.

Index : Yes / No NCC : Yes / No 03.02.2025 am 4/6

TO:- 1.The Tahsildar, Thuraiyur Taluk Office, Trichy District.

2.The Head Surveyor, Thuraiyur Taluk Office, Trichy District.

3.The Inspector of Police, Uppiliyapuram Police Station, Trichy District.

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P.B. BALAJI , J.

am Order made in Dated:

03.02.2025 6/6