Adaikalam v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2025

CORAM:

THE HON'BLE MR.JUSTICE P.B. BALAJI W.P.(MD).No.3419 of 2025 Adaikalam ... Petitioner Vs.

1. The Thasildar, Aranthangi Taluk,

2. The Surveyor, Aranthangi Taluk, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents 1 and 2 to carry out survey, measurement and demarcation of boundaries of the property measuring to an extent of 40.7 cents (0.16.5 Hectares) comprised in Survey No.24/19 situated at Rajendrapuram Village, Aranthangi Taluk, Pudukottai District by considering petitioner's application dated 07.11.2024 and representation dated 27.01.2025. For Petitioner : Mr.T.Leninkumar For Respondents : Mr.C.Satheesh Government Advocate 1/4

ORDER

Mr.C.Satheesh, learned Government Advocate takes notice on behalf of the respondents.

2. Considering the limited relief sought for in the writ petition, with the consent of the parties, the writ petition is taken up for final disposal.

3. The petitioner seeks issuance of a writ of mandamus to direct the respondents to survey and demarcate the boundaries of the property measuring to an extent of 40.7 cents (0.16.5 Hectares) comprised in Survey No.24/19 situated at Rajendrapuram Village, Aranthangi Taluk,

4. The petitioner has made an application on 07.11.2024 and followed it up with a representation dated 27.01.2025. 2/4

5. The learned Government Advocate appearing for the respondents would submit that a person by name Panneer Selvam S/o Arasan is objecting to survey the subject property.

6. There can be no impediment for the authorities to go ahead and take survey in terms of the Tamil Nadu Survey and Boundaries Act, 1923. However, the objector namely Panneer Selvam S/o Arasan shall also be allowed to be participate in the survey proceedings. It is made clear that if the respondents feel that the assistance of the police officials would be required, then they may seek for adequate police protection before the jurisdictional police station. The concerned jurisdictional police shall provide all assistance to the authorities at the time of survey.

7. In view of the above, the respondents are directed to fix a date for survey and demarcation of boundaries and pass orders based upon the petitioner's application dated 07.11.2024, after putting the objector on notice and complete the said process within a period of twelve (12) weeks from the date of receipt of a copy of this order. 3/4

P.B.BALAJI , J.

rgm

8. The writ petition stands disposed of with the above observations and directions. No costs.

06.02.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm To

1. The Thasildar, Aranthangi Taluk,

2. The Surveyor, Aranthangi Taluk, W.P.(MD).No.3419 of 2025 06.02.2025 4/4