Pommiyammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2025

CORAM:

THE HON'BLE MR.JUSTICE P.B. BALAJI W.P.(MD).No.5461 of 2025 Pommiyammal ... Petitioner Vs.

1. The District Collector, Sivagangai District, Sivagangai.

2. The Tahsildar, Taluk Office, Thiruppuvanam, Sivagangai District.

3. The Head Surveyor, Taluk Office, Thiruppuvanam, Sivagangai District.

4. The Superintendent of Police, Superintendent of Police Office, Sivagangai.

5. The Inspector of Police, Thirupuvanam Police Station, Sivagangai District.

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6. Soundarapandian ... 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 2 and 3 to conduct survey and fixed the boundary stones of petitioner land in Survey No.194 with an extent of 60 cents situated at ThoothaiPappankulam village, Thirupuvanam Taluk, Sivagangai District and thereby direct the 5th respondent to give adequate police protection at the time of conduct survey the land on the basis of the petitioner's representation dated 13.12.2024.

For Petitioner : Mr.S.Muniyandi For R1 to R3 : Mrs.S.Jeyapriya Government Advocate For R4 and R5 : Mr.S.Prakash Government Advocate

ORDER

This writ petition has been filed seeking direction to the respondents to conduct survey and fix four boundaries based on the petitioner's representation dated 13.12.2024.

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2. Mrs.S.Jeyapriya, learned Government Advocate takes notice on behalf of the respondents 1 to 3. Mr.S.Prakash, learned Government Advocate takes notice on behalf of the respondent 4 and 5.

3. The learned counsel appearing for the petitioner states that in view of the objections raised by the 6th respondent, survey has not been conducted, despite several attempts made by the survey officials to conduct survey based on the petitioner's application dated 11.12.2024.

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

5. The petitioner claiming that patta has been issued to her and being in possession of the subject lands, has made an application for survey to the authorities on 11.12.2024. However, the 6th respondent who is an adjacent neighbouring owner, has thwarted the attempts to survey the petitioner's property.

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6. In view of the above, writ petition is allowed with a direction to the 2nd respondent with the assistance of the 3rd respondent, to conduct a survey, after prior intimation to the 5th respondent police. The 5th respondent police shall provide all necessary assistance to the authorities at the time of survey. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order, after notice to the 6th respondent and considering his objections, if any.

7. The writ petition stands allowed with the above observations and directions. No costs.

28.02.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To

1. The District Collector, Sivagangai District, Sivagangai.

2. The Tahsildar, Taluk Office, Thiruppuvanam, Sivagangai District.

3. The Head Surveyor, Taluk Office, Thiruppuvanam, Sivagangai District.

4. The Superintendent of Police, Superintendent of Police Office, Sivagangai.

5. The Inspector of Police, Thirupuvanam Police Station, Sivagangai District.

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P.B.BALAJI , J.

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