M.Karuppasamy v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Karuppasamy .... Petitioner /Vs./ 1.The Tahsildar, Aandipatti Taluk, Theni District.

2.The Assistant Director of Survey and Land Records, Theni District.

3.The Inspector of Police, Aandipatti Police Station, Aandipatti, Theni District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to survey the property in Survey No.407/3A1A1 situated at Thimmarasanayakanur Village, Aandipatti Taluk, Theni District based on the petitioner representation dated 03.01.2025 within the time stipulated by this Court. 1/5

For Petitioner : Mr.H.Velavadhas For R1 & R2 : Mrs.S.Jeyapriya Government Advocate For R3 : Mr.S.Prakash Government Advocate (Crl.side)

ORDER

The writ petition is filed seeking issuance of a Writ of Mandamus to dispose of the petitioner's representation 03.01.2025.

2. The petitioner having purchased the property in the year 2019 and also having obtained patta in his name and his wife's name being the joint owners has sought for survey to be conducted. According to the petitioner, survey has not been conducted despite the petitioner's application and requests made by him.

3. The learned Government Advocate appearing for the official respondents 1 & 2 would submit that two attempts were already made to survey the petitioner's land based on his application. However, the survey could not be completed because of objections of some neighbours. He would therefore seek for police protection to be granted at the time of the survey.

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4. Considering the limited scope of the relief sought for by the petitioner in the writ petition, with the consent of the parties, the writ petition itself is taken up for final disposal at the admission stage.

5. The respondents 1 & 2 shall conduct a survey after prior intimation to the third respondent, who shall provide sufficient police force to ensure the smooth survey being conducted on the proposed date. The respondents 1 & 2 shall also inform any interested parties about the intended survey atleast 3 days in advance and shall proceed to conduct the survey on the date fixed with the help of the third respondent's subordinates. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. No costs.

Index : Yes / No NCC : Yes / No 19.02.2025 am 3/5

To 1.The Tahsildar, Aandipatti Taluk, Theni District.

2.The Assistant Director of Survey and Land Records, Theni District.

3.The Inspector of Police, Aandipatti Police Station, Aandipatti, Theni District.

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P.B. BALAJI , J.

am Order made in Dated:

19.02.2025 5/5