T.Solomon v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI T.Solomon ... Petitioner vs.

1.The District Collector, Kannyakumari District.

2.The Revenue Divisional Officer, Padmanabhapuram, Kannyakumari District.

3.The Tahsildar, Kalkulam, Kannyakumari District.

4.Stanely 5.Kingsley 6.Vinsley 7.Simiyon ... 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 the land of the petitioner situated in Re.S.No.119/16B of Kothanallur Village to an extent of 11.250 cents based on the petitioner application, dated 19.08.2024 and an another representation, dated 20.11.2024 within a specified time.

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For Petitioner :Mr.A.Balakrishnan For R1 to R3 :Mr.B.Saravanan Additional Government Pleader *****

O R D E R

The petitioner seeks the relief of issuance of a Writ of Mandamus to direct the survey to be conducted based on his application, dated 19.08.2024. The petitioner has also given a further representation on 20.11.2024 seeking action to be taken based on his survey application. 2.It is the contention of the petitioner that the respondents 4 to 7 are disturbing and obstructing any survey to be conducted and hence, the learned Counsel for the petitioner seeks for assistance of the police officials.

3.The learned Additional Government Pleader, on instructions, would submit that when the survey was attempted to be conducted on 04.10.2024, based on the petitioner's application, the same could not be carried out, because of the objections of the private respondents and hence, he would submit that if sufficient police protection is provided, then the survey can be conducted.

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4.In view of the above, the Writ Petition is disposed of with a direction to the third respondent to conduct a survey based on the petitioner's application, dated 19.08.2024 after affording sufficient opportunity to the petitioner as well as to the respondents 4 to 7 to putforth their objections, if any, and shall consider the same before proceeding to survey the property. In the event of the third respondent requiring any police protection, the third respondent shall intimate the jurisdictional Police officials in advance, who in turn, shall ensure that sufficient police force is made available to protect the third respondent and his officials at the time of survey and also to prevent any law order issue. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs. Index :Yes / No 10.03.2025 Internet :Yes / No NCC :Yes / No cmr 3/5

To 1.The District Collector, Kannyakumari District.

2.The Revenue Divisional Officer, Padmanabhapuram, Kannyakumari District.

3.The Tahsildar, Kalkulam, Kannyakumari District.

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P.B.BALAJI, J.

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