Madras High CourtWP(MD)/3917/2025disposed of

Anbarasu v. The Tahsildar

2025-02-14Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2025

CORAM:

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

1.The Tahsildar, Tahsildar Office, Uthamapalayam Taluk, Theni District.

2.Jothibasu 3.Loganathan 4.Sureshbabu 5.Ashok 6.Manoj ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first respondent to survey and demarcate the petitioner's land which is located in SF.No.665/1A3, 961/1C and 985/2A3 situated at Cumbum Village, Uthamapalayam Taluk, Theni District, with the protection of the jurisdictional police if necessary in consonance with Section 10(1) of the Tamil Nadu Survey and Boundaries Act, 1923 based on the petitioner's application No.2025/0123/25/003370 dated 01.01.2025 and by considering his representation dated 10.01.2025 which was given in person, within the time frame fixed by this Court.

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For Petitioner : Ms.S.Sinduja for Mr.V.Ganesh For R1 : Mr.B.Saravanan Additional Government Pleader

ORDER

The writ petitioner seeks limited relief of issuance of a Writ of Mandamus directing the first respondent to conduct survey and demarcate the petitioner's lands in SF.Nos.665/1A3, 961/1C and 985/2A3 situated at Cumbam Village, Uthamapalayam Taluk, Theni District, in the presence of the police authorities and in consonance with Section 10(1) of one of the Tamil Nadu Survey and Boundaries Act, 1923.

2. Considering the limited scope of the relief sought for in the writ petition, with the consent of the learned counsel on either side, this writ petition is taken up for final disposal. The petitioner has made an online application for conducting a survey of his lands on 01.01.2025 and also he paid the requisite charges for the same. Thereafter, the petitioner had made a representation on 2/4

10.01.2025 in-person to the first respondent. The grievance of the petitioner is that the first respondent had not come forward to conduct the survey and hence, the present petition has been filed. The respondents 2 to 6 are adjacent land owners, who may have any objections at the time of survey and hence, the first respondent shall issue notice to the respondents 2 to 6 before conducting survey on the petitioner's land and hear objections of the respondents' 2 to 6 if any and consider the same. The Tahsildar shall also seek adequate police protection in the event of apprehending any breach of peace at the time of survey. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

3. With the above directions, this Writ Petition is disposed of. No costs. 14.02.2025 Rmk NCC: Yes/No Index : Yes / No To The Tahsildar, Tahsildar Office, Uthamapalayam Taluk, Theni District.

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P.B.BALAJI , J.

Rmk 14.02.2025 4/4