K.Palanichamy v. Thasildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.B.BALAJI K.Palanichamy ... Petitioner vs.
1.The Thasildhar, 2.The Surveyor, 3.The Inspector of Police, Panaiyapatti Police Station, 4.Tamil Selvi The Surveyor, 5.Munusamy The Village Administrative Officer, RaniyamVillage, 1/6
6.Siva The Village Assistant, Raniyam Village, 7.Valliyappan Chettiyar 8.Kannan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 and 2 herein to conduct survey and demarcate four boundaries in respect of the property comprised in Old S.No.76/2, New S.No.76/2A situated at Raniyam Revenue Village, Thirumayam Taluk, Pudukottai District with the aid of the third respondent and consequently direct the respondents 1 and 2 to issue survey report within a stipulated time period in accordance with law on the basis of the application dated 02.01.2025.
For Petitioner : Mr.C.Senthil Murugan For Respondents : Mr.S.Kameswaran Government Advocate for R1 & R2 Mr.S.Prakash Government Advocate (Crl. side) for R3
ORDER
Considering the limited scope of the relief sought for in the writ petition, with the consent of the learned counsel on either side, the writ petition is taken up 2/6
for final disposal at the stage of admission itself. 2.The petitioner seeks limited relief of issuance of a Writ of Mandamus to direct the respondents 1 and 2 to conduct a survey based on the petitioner's application dated 02.01.2025.
3.Heard the learned counsel on either side.
4.According to the learned Government Advocate appearing for the official respondents 1 and 2, after informing the petitioner that the survey was proposed to be conducted, a survey was in fact conducted. 5.Per contra, the grievance of the petitioner is that only on 12.02.2025, a message was received by the petitioner regarding the proposed survey on the same day and within a few minutes, he received a second message stating that the survey had been completed. The petitioner, therefore, seeks appropriate directions to conduct a proper survey and demarcate the four boundaries of the subject property. The petitioner has made an application for survey and remitted the necessary fees on 02.01.2025. According to the petitioner, the respondents 7 and 3/6
8 are neighboring land owners, who are objecting to the survey being conducted at the behest of the petitioner. The petitioner claims absolute title to the subject lands under the sale deed dated 31.10.2008 in Doc.No.3067 of 2008 and also mutation of revenue records and separate patta in respect of the said lands. Though it appears that an attempt was made to survey the lands based on the petitioner's application on 02.01.2025, it is not shown as to how the survey was conducted after having sent a message to the petitioner at 11.46 a.m., and within a matter of few seconds and another message sent as if the survey was concluded. It is not the case of the respondents that the petitioner was also present at the time of the said survey.
6.In view of the above, the survey claim to have been conducted on 12.02.2025 cannot be justified. Therefore, the respondents 1 and 2 are bound to survey the petitioner's property in terms of the application dated 02.01.2025, after giving advance notice to the petitioner as well as the respondents 7 and 8, who are the adjoining neighbours. If the respondents 1 and 2 deem it necessary to have police protection at the time of survey to prevent any breach of peace, then it shall be open to them to approach the third respondent seeking adequate police protection, who in turn shall ensure that sufficient police force is provided to 4/6
enable the respondents 1 and 2 to complete the survey in the presence of the petitioner as well as the respondents 7 and 8. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. 7.With the above directions, this Writ Petition is disposed of. No costs. 20.02.2025 sji NCC: Yes/No Index : Yes / No Internet : Yes / No To 1.The Thasildhar, 2.The Surveyor, 3.The Inspector of Police, Panaiyapatti Police Station, 5/6
P.B.BALAJI , J.
sji 20.02.2025 6/6