V.Dhanabal v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI and WMP(MD) No.2516 of 2025 V.Dhanabal ... Petitioner Vs

1. The Tahsildar, Office of Taluk Office, Krishnarayapuram Taluk, Karur District.

2. The Surveyor, Office of Surveyor Office, Krishnarayapuram Taluk, Karur District.

3. The Superintendent of Police, Office of the Superintendent of Police Office, Karur District.

4. The Inspector of Police, Lalapettai Police Station, Karur District.

5. S.Subramani ... Respondents 1/6

P RAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent No. 1 and 2 survey and measure petitioner property comprised in survey number 437/1 acres 3.67 new Punjai survey number 437/1A 2.07 cent in hector 0.84.00 acre patta number 3674 Ayan PPunjai survey number 429/1A 0.82 1/2 cent in hector 0.71.50 acre 1.77 cent Ayan punjai survey number 429/1A acre 0.08 cent in hector 0.71.50 acre 1.77 cent for agriculture pathway hector 0.03.24 situated at panjapatti village, Krishnarayapuram Taluk, Karur District and consequently 3rd and 4th respondent herein to provide adequate police protection to property on the basis of the consider the petitioner's representation, dated 27.12.2024 within the time stipulated by this Court.

For Petitioner : Mr.P.Balasubramaniyan For Respondents : Mr.B.Saravanan (R1,R2) Additional Government Pleader Mr.Vaikkam Karunanithi (R3,R4) Government Advocate (Crl.Side)

ORDER

The petitioner has filed the present writ petition seeking issuance of writ of mandamus to direct the respondent No. 1 and 2 to survey and measure the petitioner's property and to direct the respondent No. 3 and 4 to provide adequate police protection to the property. 2/6

2. Considering the limited scope of the prayer sought for in the writ petition, by consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

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

4. The petitioner has purchased the subject property on 10.08.2023 and thereafter, has sought for survey of his property by making payment of the requisite charges and also made an application on 17.08.2023 in that regard. Subsequently, the petitioner has also paid fees for sub-division of the property on 17.12.2024 along with the representation to the respondents to conduct the survey. 5.It appears that the 5th respondent is objecting to the survey being conducted by making some rival claims. However, there is no impediment for the respondents 1 and 2 to proceed to conduct survey on the basis of the petitioner's applications dated 17.08.2023 and 17.12.2024, after issuance of notice to the 5th respondent. If required, the 3/6

respondents 1 and 2 shall take the assistance of the police officials through the respondents 3 and 4, to prevent any breach of peace at the time of conducting the survey. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

6. Accordingly, the writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed.

07.02.2025 Index : Yes / No NCC : Yes / No PNM 4/6

TO:-

1. The Tahsildar, Office of Taluk Office, Krishnarayapuram Taluk, Karur District.

2. The Surveyor, Office of Surveyor Office, Krishnarayapuram Taluk, Karur District.

3. The Superintendent of Police, Office of the Superintendent of Police Office, Karur District.

4. The Inspector of Police, Lalapettai Police Station, Karur District.

5/6

P.B. BALAJI , J.

PNM ORDER IN and WMP(MD) No.2516 of 2025 07.02.2025 6/6