Ganesan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI Ganesan ... Petitioner Vs
1. The District Collector, Thanjavur District, Thanjavur.
2. The Tahsildar, Thiruvonam Taluk, Kaduvettividuthi Village, Thanjavur District.
3. The Firka Surveyor, Thiruvonam, Thanjavur District.
4. The Superintendent of Police, Thanjavur District.
5. The Inspector of Police, Thiruvonam Police Station, Thanjavur District.
6. Selladurai ... Respondents 1/6
P RAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to conduct survey as per Tamil Nadu Survey and boundaries Act, 1923 and to fix boundaries in respect of lands comprised in Survey No.163/4C1A and 163/4B situated at Kaduvettividuthi Village, Thiruvonam Taluk, Thanjavur District with an extent of 3.24 Ares and 33 Acres respectively and futhermore, to direct the respondent no.4 and 5 to give police protection while surveying the above said lands on the basis of the petitioners representation dated 01.02.2025 within a time frame fixed by this Court.
For Petitioner : Mr.T.Eashwar For Respondents : Mr.B.Saravanan(R1-R3) Additional Government Pleader Mr.S.Prakash (R4,R5) Government Advocate (Crl.Side)
ORDER
The writ petitioner seeks limited relief of direction to the respondents 2 and 3 to conduct survey in terms of the Tamil Nadu Survey and Boundaries Act, 1923 and to fix boundaries of the petitioner's lands in Survey No.163/4C1A and 163/4B situated at Kaduvettividuthi Village, Thiruvonam Taluk, Thanjavur District measuring an extent of 3.24 Ares and 33 Acres respectively with the help of the police authorities. 2/6
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 having mutated patta in his name has sought for survey of the lands held by him. However, it appears that the 6th respondent has objected to survey and hence, the official survey could not be conducted. The petitioner has made an application on 01.02.2025 and the same is pending.
5.The learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that the petitioner's application being made only recently, sufficient time may be granted to the official respondents to conduct survey.
6.The learned Government Advocate (Crl.Side) appearing for the respondents 4 and 5 would submit that if any suitable directions 3/6
are issued by this Court, the police authorities will extend protection to the survey authorities, at the time of survey. 7.Considering the above, this writ petition is disposed of with a direction to the respondents 2 and 3 to conduct survey based on the petitioner's application, dated 01.02.2025 within a period of eight weeks from the date of receipt of copy of this order. The said survey shall be conducted in the presence of the petitioner and the 6th respondent and after giving advance notice to the 6th respondent. The survey officials shall take the assistance of the police officials, after prior intimation to the police about the intended date of survey. No costs. 12.02.2025 Index : Yes / No NCC : Yes / No PNM 4/6
TO:-
1. The District Collector, Thanjavur District, Thanjavur.
2. The Tahsildar, Thiruvonam Taluk, Kaduvettividuthi Village, Thanjavur District.
3. The Firka Surveyor, Thiruvonam, Thanjavur District.
4. The Superintendent of Police, Thanjavur District.
5. The Inspector of Police, Thiruvonam Police Station, Thanjavur District.
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P.B. BALAJI , J.
PNM ORDER IN 12.02.2025 6/6