V.Ananth v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI V.Ananth .... Petitioner /Vs./ 1.The Tahsildar, Alangulam Taluk, Tenkasi District.

2.The Head Surveyor, Alangulam Taluk, Tenkasi District.

3.Sudalai Mani .... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first and second respondents to conduct survey of the land in S.No.1086/111B at Vengadampatti - 2 Village, Alangulam Taluk, Tenkasi District to an extent of 6 cents based on the decree passed in O.S.No.68 of 2023 dated 09.11.2023 and fix the four boundaries with the assistant of Kadayam police by considering the petitioner's application dated 04.03.2024 and issue the certificate of survey or acknowledgment of completion of survey within the time fixed by this Court.

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For Petitioner : Mr.P.P.Alwin Balan For R1 & R2 : Mrs.K.Malathi Additional Government Pleader

ORDER

The petitioner seeks issuance of a Writ of Mandamus to direct the respondents 1 & 2 to conduct a survey of the petitioner's land and to fix the four boundaries with the assistance of the jurisdiction police officials.

2. The case of the petitioner is that in view of the interference caused by the third respondent, the petitioner was constrained to file a Civil Suit in O.S.No.68/2023 on the file of the Sub Court, Ambasamudram. After contest, the said suit was decreed on 09.11.2023 and the petitioner contends that the said judgment and decree has become final and no appeal has been preferred there from by the third respondent. Based on the said judgment and decree and title documents in his favour, the petitioner has sought for survey on 4/3/2024.

3. Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondents would submit that in view of the 2/5

disturbance caused by the third respondent, survey is not being conducted.

4.Considering the above and 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 at the admission stage itself.

5. The first and second respondents shall conduct a survey based on the petitioner's application dated 04.03.2024 after advance information to the jurisdictional police officials, who shall render full protection to the survey officials to enable them to conduct a peaceful survey. The said exercise shall be conducted by the respondents 1 & 2 within a period of eight weeks from the date of receipt of a copy of this order.

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

Index : Yes / No 3/5

NCC : Yes / No 27.02.2025 am To 1.The Tahsildar, Alangulam Taluk, Tenkasi District.

2.The Head Surveyor, Alangulam Taluk, Tenkasi District.

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P.B. BALAJI , J.

am Order made in Dated:

27.02.2025 5/5