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Madras High CourtWP(MD)/3963/2025disposed of

T.Rani v. The District Collector

2025-02-14Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI T.Rani ... Petitioner Vs.

1.The District Collector, Collectorate Campus, Ramanathapuram District.

2.The Revenue Divisional Officer, Sub Collector's Office, Ramanathapuram, Ramanathapuram District.

3.The Tahsildar, Taluk Office, R.S.Mangalam Taluk, Ramanathapuram District.

4.The Inspector of Police, Thirupalaikudi Police Station, Ramanathapuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the third respondent to survey and demarcate the property comprised in Survey No.150/2B1 to an extent of 97.50 ares situated at Mullikudi Hamlet of Seenangudi Village, Sholandur Post, 1/5

R.S.Mangalam Taluk, Ramanathapuram District and consequently direct the fourth respondent to provide adequate police protection at the time of surveying and fencing the petitioner's property within the time frame that may be stipulated by this Court.

For Petitioner : Mr.R.Murugan For R1 to R3 : Mr.S.Kameswaran Government Advocate For R4 : Mr.S.Prakash Government Advocate

ORDER

The petitioner seeks limited relief of writ of mandamus to dispose of his application dated 23.01.2025 for conducting a survey and demarcate his property. According to the petitioner, the adjacent land owners have attempted to interfere with the possession of the petitioner and he has also lodged a police complaint before the fourth respondent in that regard. Thereafter, the petitioner has requested for survey to be conducted and he has also remitted the necessary charges on 23.01.2025. The petitioner has sent a reminder on 28.01.2025 to expedite the survey proceedings. Since no action has been taken, the present writ petition has been filed seeking to dispose of his application dated 23.01.2025 and further representation dated 28.01.2025.

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2. In view of the above, the third respondent is directed to pass orders on the petitioner's application by conducting a survey and identifying the boundaries of the petitioner's property, after issuing notice to the adjacent land owners, who have obstructed the earlier survey and have also attempted to interfere with the petitioner's possession and enjoyment of the subject lands, as claimed by the petitioner. The said exercise shall be completed within a period of twelve(12) weeks from the date of receipt of a copy of this order. In the event of the third respondent apprehending any breach of peace, the third respondent shall require adequate protection from the fourth respondent/ Inspector of Police, who shall provide necessary police protection at the time of survey to prevent any law and order situation.

3. With the above direction, this Writ Petition is disposed of. No costs. 14.02.2025 Rmk NCC: Yes/No Index : Yes / No 3/5

To 1.The District Collector, Collectorate Campus, Ramanathapuram District.

2.The Revenue Divisional Officer, Sub Collector's Office, Ramanathapuram, Ramanathapuram District.

3.The Tahsildar, Taluk Office, R.S.Mangalam Taluk, Ramanathapuram District.

4.The Inspector of Police, Thirupalaikudi Police Station, Ramanathapuram District.

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P.B.BALAJI , J.

Rmk 14.02.2025 5/5