M.Pandiyarajan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:14.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI M.Pandiyarajan ... Petitioner vs.

1.The Tahsildar, Tahsildar Office, Peraiyur Region, Madurai District.

2.The Revenue Officer, Peraiyur Region, Madurai.

3.The Inspector, M Kallupatti Police Station, Peraiyur, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the second respondent to survey the suit property situated in S.No.183/36 in front of the first respondent with the aid of police protection granted by the third respondent within the time that may be stipulated by this Court.

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For Petitioner : Ms.X.Sumalatha For Respondents : Mrs.K.Malathi Additional Government Pleader for R1 & R2 Mr.S.Prakash Government Advocate (Crl. side) for R3

ORDER

The petitioner seeks issuance of a Writ of Mandamus to dispose of the petitioner's application for survey of the properties belonging to the petitioner in S.No.183/36 with the aid of the police authorities. 2.Considering the limited scope of the relief sought for in the writ petition, with the consent of the learned counsel on either side, the writ petition is taken up for final disposal at the stage of admission itself. 3.The petitioner's contention is that the adjoining neighbours, namely, Sanjeeve S/o Sankar, Aandavar S/o Ponraj, Ajith S/o Ponraj and Lakshmi D/o Ponraj, have snatched the survey stones placed by the petitioner's father and have also physically assaulted the petitioner's mother, in respect of which a police complaint has also been lodged on 01.10.2024 and again on 26.10.2024. The 2/4

apprehension of the petitioner is that the said persons would not carry out a peaceful survey to be conducted and hence, necessary police protection would be necessary at the time of the survey being conducted by the first respondent. 4.Considering that the petitioner has made an application on 24.10.2024, the second respondent shall conduct a survey of the petitioner's land in furtherance of the petitioner's application dated 24.10.2024 after giving notice to the four persons, namely, Sanjeeve S/o Sankar, Aandavar S/o Ponraj, Ajith S/o Ponraj and Lakshmi D/o Ponraj and the first respondent shall seek for adequate police protection in the event of apprehending any breach of peace at the time of survey. The survey shall be conducted and final orders be passed within a period of twelve weeks from the date of receipt of a copy of this order. 5.With the above directions, this Writ Petition is disposed of. No costs. 14.02.2025 sji NCC: Yes/No Index : Yes / No Internet : Yes / No 3/4

P.B.BALAJI , J.

sji To 1.The Tahsildar, Tahsildar Office, Peraiyur Region, Madurai District.

2.The Revenue Officer, Peraiyur Region, Madurai.

3.The Inspector, M Kallupatti Police Station, Peraiyur, Madurai District.

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