Vasantha v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Vasantha .... Petitioner /Vs./ 1.The Tahsildar, Office of the Tahsildar, Manapparai Taluk, Trichy District.

2.The Head Surveyor, Office of the Head Surveyor, Manapparai Taluk, Trichy District.

3.The Inspector of Police, Vaiyampatti Police Station, Trichy District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to survey and demarcate the land comprised in S.No.83/14 situated at Aathikulathupatti, Ayanreddipatti Village, Manapparai Taluk, Trichy District in Patta No.1242 measuring to a total extent of 4304 sq.ft and 0.3.00 ares by considering the petitioner's representation dated 09.01.2025.

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For Petitioner : Mr.V/Malaiyendran For R1 & R2 : Mr.B.Saravanan Additional Government Pleader For R3 : Mr.S.Prakash Government Advocate (Crl.side)

ORDER

The writ petitioner has sought for issuance of a Writ of Mandamus to direct the respondents to conduct a survey based on the petitioner's application dated 09.01.2025.

2. With the consent of the parties, the writ petition itself is taken up for final disposal.

3. I have heard the learned counsel appearing for the petitioner, the learned Additional Government Pleader appearing for the respondents 1 & 2 and Mr.S.Prakash, learned Government Advocate (Crl.side) appearing for the third respondent.

4. The petitioner states that subsequent to acquiring the property under the gift deed dated 28.09.2022, the petitioner has been 2/5

enjoyment of the subject lands and patta was also mutated in his name in patta No.1242. In order to safeguard the said land, the petitioner has sought for survey and has also paid the requisite fees. According to the petitioner, the second respondent has not acted upon the said application and come forward to survey the petitioner's land.

5. The learned Additional Government Pleader appearing for the respondents 1 & 2 would submit that the survey was already conducted based on an earlier application of the petitioner and the neighbouring land owners have removed the boundary stones fixed by the survey authorities. He would further submit that with the help of the the third respondent, a fresh survey would be conducted based on the petitioner's application dated 09.01.2025.

6. Considering the above, the writ petition is disposed of with a direction to the respondents 1 & 2 to conduct survey based on the petitioner's application dated 09.01.2025 in the presence of the third respondent, who shall provide sufficient police protection to enable smooth completion of the survey. The said exercise shall be completed within a period of twelve weeks from the date of 3/5

receipt of a copy of this order.

7. With the above directions, the writ petition is disposed of. No costs.

Index : Yes / No NCC : Yes / No 18.02.2025 am To 1.The Tahsildar, Office of the Tahsildar, Manapparai Taluk, Trichy District.

2.The Head Surveyor, Office of the Head Surveyor, Manapparai Taluk, Trichy District.

3.The Inspector of Police, Vaiyampatti Police Station, Trichy District.

P.B. BALAJI , J.

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am Order made in Dated:

18.02.2025 5/5