M.Muthukumaran v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI M.Muthukumaran .... Petitioner /Vs./ 1.The Tahsildar, Thiruppuvanam Taluk, Thiruppuvanam, Sivagangai District.
2.The Surveyor, Thiruppuvanam Taluk, Thiruppuvanam, Sivagangai District.
3.The Inspector of Police, Thiruppuvanam Town Police Station, Thiruppuvanam, Sivagangai District.
... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 & 2 to survey and lay the boundary stones to the petitioner's land bearing S.Nos. 55/11A1A1, 55/12B and 55/13 measuring about 1 acre and 49 cents 1/5
comprised in Patta Nos.1341 and 1660, situated at Ladanendhal Village, Thiruppuvanam Taluk, Sivagangai District based on the E-Chellan dated 21.04.2022 and further directing the third respondent to offer protection during the process, within the time frame fixed by this Court. For Petitioner : Mr.S.Jaya Vasanthan For R1 & R2 : Mr.C.Satheesh Government Advocate For R3 : Mr.Vaikkam Karunanithi Government Advocate (Crl.side)
ORDER
With consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
2. I have heard the learned counsel appearing on either side and perused the materials placed before this Court.
3. The petitioner seeks issuance of writ of mandamus to direct the respondents to dispose of his application for survey dated 21.04.2022 which was also followed up with a reminder representation on 09.01.2025.
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4. The petitioner only seeks for survey of his property for which, he has made a proper application after paying the requisite fee as early as on 21.04.2022. However, no steps have been taken in pursuance of the said application for conducting a survey, despite the petitioner's representation dated 09.01.2025.
5. In view of the above, the writ petition is allowed. There shall be a direction to the second respondent to conduct survey on the petitioner's land as sought for in the application dated 21.04.2022. Such exercise shall be completed within a period eight weeks from the date of receipt of a copy of this order. In the event of the second respondent requiring any police protection to avoid any breach of peace at the time of survey, it is open to the second respond to seek the assistance of the police official, who shall render sufficient protection to the survey. No costs.
Index : Yes / No NCC : Yes / No 07.02.2025 am 3/5
TO:- 1.The Tahsildar, Thiruppuvanam Taluk, Thiruppuvanam, Sivagangai District.
2.The Surveyor, Thiruppuvanam Taluk, Thiruppuvanam, Sivagangai District.
3.The Inspector of Police, Thiruppuvanam Town Police Station, Thiruppuvanam, Sivagangai District.
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P.B. BALAJI , J.
am Order made in Dated:
07.02.2025 5/5