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Madras High CourtWP(MD)/3744/2025disposed of

Daisyrani v. The Additional Director

2025-02-12Honourable Mr Justice P.B. Balaji6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2025

CORAM:

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

1. The Additional Director, Survey and Land Records, Survey House Chepauk, Chennai 600 005.

2. The Zonal Deputy Director, Survey and Land Records, Madurai.

3. The Assistant Director, Survey and Land Records, Collector Office Campus, Dindigul.

4. The Tahsildar, Nilakottai Taluk, Dindigul District.

5. The Head Surveyor, Nilakottai Taluk, Dindigul District.

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6. The Inspector of Police, Nilakottai Police Station, Dindigul District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st and 2nd respondents to survey by the digital mode and mark the boundary of petitioner's land and permit the petitioner video graph entire survey proceedings to the extent of 5 cents (2160 Square feet) situated in Old Natham Survey No.555/1B1 and New Natham Survey No. 555/30 vide Natham Patta No. 2373 at Nilakottai Village and Taluk, Dindigul District, based on petitioner's representation dated 16.12.2024 and application No. 20241216011512, dated 16.12.2024 within a specific period as fixed by this Court.

For Petitioner : Mr.S.Balaji For Respondents : Mr.B.Saravanan(R1-R5) Additional Government Pleader Mr.S.Prakash (R6) Government Advocate (Crl.Side)

ORDER

The writ petitioner seeks issuance of a writ of mandamus to direct the respondents to survey by digital mode and mark the boundary of petitioner's land and permit the petitioner to videograph the entire survey proceedings to an extent of 5 cents (2160 Square feet) situated in 2/6

Old Natham Survey No.555/1B1 and New Natham Survey No. 555/30 vide Natham Patta No. 2373 at Nilakottai Village and Taluk, Dindigul District.

2.By consent of both parties, the main Writ Petition is taken up for final disposal at the admission stage itself. 3.I have heard the learned counsel on either side and perused the materials placed before this Court.

4.The petitioner submitted that he had made an application for survey of the subject land, survey was also conducted and boundary stones also fixed. However, there is no proper measurement made and therefore, the petitioner aggrieved over the earlier surveys has once again made an application for surveying his lands, by making an application on 16.12.2024. The petitioner seeks that the said survey to be conducted by making use of digital technology available today and permission to videograph the entire proceedings.

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5.The learned Additional Government Pleader would submit that the apprehension of the petitioner is not genuine, since for conducting survey, the authorities are already using the latest technology available over the traditional method of survey. 6.Considering the aforesaid submission, this writ petition stands disposed of, with a direction to the respondents 1 and 2 to conduct survey of the petitioner's land and mark the boundaries in the presence of the petitioner and after issuing notice to the adjacent and neighbouring property owners, within a period of eight weeks from the date of receipt of copy of this order. It is open to the petitioner to videograph the entire proceedings, at his own costs. No costs.

12.02.2025 Index : Yes / No NCC : Yes / No PNM 4/6

To

1. The Additional Director, Survey and Land Records, Survey House Chepauk, Chennai 600 005.

2. The Zonal Deputy Director, Survey and Land Records, Madurai.

3. The Assistant Director, Survey and Land Records, Collector Office Campus, Dindigul.

4. The Tahsildar, Nilakottai Taluk, Dindigul District.

5. The Head Surveyor, Nilakottai Taluk, Dindigul District.

6. The Inspector of Police, Nilakottai Police Station, Dindigul District. 5/6

P.B. BALAJI , J.

PNM ORDER IN 12.02.2025 6/6