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Madras High CourtWP(MD)/5056/2025disposed of

Amirtharaj v. The Tahsildar

2025-02-25Honourable Mr Justice P.B. Balaji6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2025

CORAM:

THE HON'BLE MR.JUSTICE P.B. BALAJI W.P.(MD).No.5056 of 2025 Amirtharaj ... Petitioner Vs.

1. The Tahsildar, Nanguneri Taluk, Tirunelveli District.

2. The Head Taluk Surveyor, Nanguneri Taluk, Tirunelveli District.

3. Balasubramanian ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents 1 and 2 to measure, fix four boundaries and to erect boundary stones by surveying the properties in S.No.256/5A1j2 with an extent of 7 Cents, in S.No.256/5A1C with an extent of 4 Cents, in S.No.256/5A1A with an extent of 2 Cents, in S.No.256/5A2A2 with an extent of 5 Cents, in S.No. 256/5A1H with an extent of 2 Cents and in S.No.256/5A1D with an extent of 1 Cents situated at Cheevalaperi Village, Nanguneri Taluk, Tirunelveli District by following the provisions of the Tamil Nadu Survey and Boundaries Act, 1923.

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For Petitioner : Mr.D.Venkatesh For R1 and R2 : Mr.S.Kameswaran Government Advocate

ORDER

Mr.S.Kameswaran, learned Government Advocate takes notice on behalf of the respondents 1 and 2.

2. The petitioner seeks issuance of a writ of mandamus, to direct the respondents 1 and 2, to measure and fix four boundaries of the petitioner's property.

3. The petitioner has made an online application on 02.12.2024 for survey. Citing the objections raised by the 3rd respondent, survey was not conducted. The petitioner has thereafter sent a representation to the 1st respondent on 12.02.2025 and since no action has been taken even thereafter, the petitioner has preferred the present writ petition. 2/6

4. Considering the limited scope of relief sought for, with the consent of the learned counsel on either side, the writ petition has taken up for final disposal.

5. Considering the fact that the petitioner has made an application for survey and demarcation of four boundaries, after payment of requisite fee on 02.12.2024, it would suffice to issue a direction to the respondents 1 and 2 to conduct a survey and fix the four boundaries of the petitioner's property after issuing notice to the petitioner as well as the interested parties. This exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order.

6. It is also made clear that in the event of respondents 1 and 2 requiring any police protection at the time of conducting survey they may approach the jurisdictional police authorities, who shall immediately respond by providing sufficient police force to conduct a peaceful survey. 3/6

7. The writ petition is disposed of with the above observations and directions. No costs.

25.02.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To

1. The Tahsildar, Nanguneri Taluk, Tirunelveli District.

2. The Head Taluk Surveyor, Nanguneri Taluk, Tirunelveli District.

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P.B.BALAJI , J.

rgm W.P.(MD).No.5056 of 2025 25.02.2025 6/6