A.Ramadass Rao v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI 1.A.Ramadass 2.C.Balan 3.P.G.R.Ganesan 4.R.Rajkumar Rep. its Power Agent, K.Pichaiya, S/o. Kandhan, No. 75, Vivakandhan Street .... Petitioners /Vs/ 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Tahsildar, Srivaikundam, 3.The Taluk head Surveyor, Srivaikundam, 4.The Inspector of Police, Murapanadu Police Station, 5.Selappa 1/5

6.C.Ganesan 7.Chandran 8.Subramanian .... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to conduct survey and fix four boundaries of the petitioner's land comprised in Survey No.73/1, 74/1, 75/1, 80/1, 81/1, 81/3A1, 85/1A, 86/1, 87, 88/2, 89/3 to an extent of 23 acres and 85 in Patta No.3318, 4514, 1313, situated at Srivaikundam, Keelavalanadu Village, Thoothukudi District based on the petitioner's representation dated 29.01.2025. For Petitioner : Mr.S.Gokulraj For R1 to R3 : Mrs.K.Malathi Additional Government Pleader For R4 : Mr.S.Prakash Government Advocate (Crl.side)

ORDER

Considering the limited scope of the prayer sought for in the writ petition, with the consent of either side, the writ petition is taken up for final disposal.

2. The learned counsel for the petitioner states that the petitioner 2/5

has made an application for survey and fixing the boundaries of the petitioner's property on 18.12.2024. He has also given a representation for the action to be taken on the said application on 29.01.2025. The writ petitioner only seeks disposal of the said application.

3. The learned Additional Government Pleader appearing for the officials respondents would submit that in view of objections by neighbouring land owner, the survey can be conducted only with the assistance of the police officials.

4. The writ petition is therefore allowed with a direction to the second respondent with the assistance of the third respondent to conduct survey based on the petitioner's application dated 18.12.2024 and the representation dated 29.01.2025 and fix the four boundaries of the petitioner's land comprised in Survey Nos.73/1, 74/1, 75/1, 80/1, 81/1, 81/3A1, 85/1A, 86/1, 87, 88/2, 89/3, situated at Srivaikundam, Keelavalanadu Village, Thoothukudi District. It is also made clear that in the event of the survey officials requiring police protection, they shall 3/5

intimate the jurisdiction police station in advance, who shall ensure necessary police force is made available to the survey authorities at the time of the survey to prevent the breach of peace. The said exercise shall be completed within a period of twelve weeks from date of receipt of a copy of this order.

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

Index : Yes / No NCC : Yes / No 27.02.2025 am To 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Tahsildar, Srivaikundam, 3.The Taluk head Surveyor, Srivaikundam, 4/5

4.The Inspector of Police, Murapanadu Police Station, P.B. BALAJI , J.

am Order made in Dated:

27.02.2025 5/5