M.Velmurugan v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.B.BALAJI M.Velmurugan ... Petitioner vs.
1.The Tahsildar, Office of Madurai North Taluk Office, Madurai-20.
2.The Land Surveyor, Office of the Land Survey, Managiri Bit II, Madurai North, Madurai-20.
3.The Inspector of Police, E3, Anna Nagar Police Station, K.K.Nagar, Madurai-20.
4.M.Tamilselvi ... 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 to demarcate the land in S.No.50/24 measuring 3.62 cents in Managiri Bit II, Door No.4/1278, Thiru.Vil.Ka. 2nd street, Thasildar Nagar, Madurai 625 020 with the help of the third respondent and to take necessary action against the fourth respondent in the 1/5
light of the representation dated 12.02.2025 within a time frame as fixed by this Court.
For Petitioner : Mr.K.Neelamegam 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 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 survey and demarcate the petitioner's land pursuant to his application dated 24.10.2024. 3.The learned Government Advocate appearing for the official respondents 1 and 2, on oral instructions, would submit that in view of the objections by the 2/5
fourth respondent, the survey has not been conducted despite attempts made to survey on 12.02.2025. He would also bring to my notice that the fourth respondent has filed a civil suit in O.S.No.369 of 2023 and the same is pending. 4.The learned counsel for the petitioner, however, states that the said suit has no bearing on the application for survey taken out by the petitioner and admittedly, there is no interim order in the said suit and therefore, there is no impediment for the respondents 1 and 2 to go ahead and survey the petitioner's land based on the application dated 24.10.2024 and representation dated 12.02.2025.
5.Considering the above, this Writ Petition is allowed with a direction to the respondents 1 and 2 to conduct a survey based on the petitioner's application dated 24.10.2024, after affording an opportunity of hearing to the petitioner as well as the fourth respondent and the said survey shall be carried out in the presence of the third respondent police officials. It is made clear that the respondents 1 and 2 shall intimate the third respondent police officials in advance enable to them to represent at sit during the time of survey to prevent any breach 3/5
of law and order problem. 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. 26.02.2025 sji NCC: Yes/No Index : Yes / No Internet : Yes / No To 1.The Tahsildar, Office of Madurai North Taluk Office, Madurai-20.
2.The Land Surveyor, Office of the Land Survey, Managiri Bit II, Madurai North, Madurai-20.
3.The Inspector of Police, E3, Anna Nagar Police Station, K.K.Nagar, Madurai-20.
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P.B.BALAJI , J.
sji 26.02.2025 5/5