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Madras High CourtWP(MD)/3560/2025disposed of

Amaladass v. The District Collector

2025-02-07Honourable Mr Justice P.B. Balaji6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Amaladass ... Petitioner Vs

1. The District Collector, Office of the District Collector,

2. The Commissioner of Police, Office of the Commissioner of Police, Tiruchirappalli District.

3. The Tashildar, Tiruchirapalli East Taluk Office, Srirangam Taluk,

4. The Head Surveyor, Tiruchirapalli East Taluk Office, Ariyamangalam Division, Srirangam Taluk, 1/6

5. The Inspector of Police, Fort Police Station,

6. Sudha

7. Soosai Manickam

8. Nadarajan @ Rajiv ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 4th respondent to survey and fix boundary stones with relation to the property comprised in Old Survey No. 324 and New Survey no. 324/2 to an extent of 55.741 square meters situate at 5th Ward, Old Block No. 7 and New Block No. 22, Vennis street, Chinthamani, Sri Rangam Taluk, Tiruchirapalli District., as per the Tamil Nadu Survey and Boundaries Act, 1923, and also the respondents 2th and 5th to provide the necessary protection to respondents 6th to 8th while discharging their duties Old Survey no. 324 and New Survey No. 324/2 to an extent of 55.741 square meters situate at 5th ward, old block No.7 and now block no.22, Vennis Street, Chinthamani, Sri Rangam Taluk, Tiruchirapalli district as per the petitioner's representation, dated 29.01.2025. For Petitioner : Mr.D.Rajaboopathy For Respondents : Mr.S.Kameswaran (R1, R3, R4) Government Advocate Mr.Vaikkam Karunanithi (R2, R5) Government Advocate (Crl.Side) 2/6

ORDER

The petitioner seeks limited relief of issuance of writ of mandamus to direct the respondents to conduct survey, based on the application of the petitioner, dated 29.01.2025.

2. 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.It is seen from records that the petitioner has made an offline application for conducting a survey on 27.01.2025 and also followed it up with a representation within a period of two days on 29.01.2025. The respondents 6 to 8 are the private respondents, who may have a rival claim in respect of the subject property. 5.The learned Government Advocate appearing for the respondents 1, 3 and 4 submitted that the petitioner has made payment 3/6

only to Tiruchirappalli City Municipal Corporation. However, he has to made payment only to the Survey authorities.

6.In the light of the above, the petitioner is given liberty to make an online application and shall remit necessary charges to the respondents 3 and 4. On such online application being made by the petitioner, the respondents 3 and 4 shall conduct survey and pass final orders, after giving notice to the respondents 6 to 8 and if required, with the help of police protection.

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

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

TO:-

1. The District Collector, Office of the District Collector,

2. The Commissioner of Police, Office of the Commissioner of Police, Tiruchirappalli District.

3. The Tashildar, Tiruchirapalli East Taluk Office, Srirangam Taluk,

4. The Head Surveyor, Tiruchirapalli East Taluk Office, Ariyamangalam Division, Srirangam Taluk,

5. The Inspector of Police, Fort Police Station, 5/6

P.B. BALAJI , J.

PNM ORDER IN 07.02.2025 6/6