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Madras High CourtWP(MD)/5670/2025disposed of

M.Mohammed Nabeel v. The Tahsildar

2025-03-04Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI M.Mohammed Nabeel ... Petitioner Vs

1. The Tahsildar, Kulasekaranpattinam Vilage, Thiruchendur Taluk, Thoothukudi District.

2. The Head Surveyor, Kulasekaranpattinam Vilage, Thiruchendur Taluk, Thoothukudi District.

3. The Inspector of Police, Kulasekaranpattinam Police Station, Thiruchendur Taluk, Thoothukudi District.

4. Sahabeen ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 1/5

to survey the property of the petitioner in S.No. 178/2 and 179/2 situated at Kulasekaranpattinam Village, Thiruchendur Taluk, Thoothukudi District measuring to an extent of around 22 cents by considering the online application, dated 17.02.2025 in Petition No. 2025/0123/28/ 006083 and representation, dated 17.02.2025 made by the petitioner within a stipulated time fixed by this Court. For Petitioner : Mr.T.Antony Arulraj For Respondents : Mr.B.Saravanan(R1,R2) Additional Government Pleader Mr.S.Prakash (R3) Government Advocate (Crl.Side)

ORDER

The petitioner has filed the instant writ petition seeking issuance of a writ of Mandamus to direct the survey authorities to conduct a survey based on the petitioner's application, dated 17.02.2025. 2.I have heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.Considering the limited scope of the relief sought for by the petitioner, with the consent of either parties, this writ petition is taken 2/5

up for final disposal.

4.The petitioner having become entitled to the subject property by way of settlement from his father in the year 2021 and having mutated patta in his name, sought for survey to be conducted by the 2nd respondent. The petitioner has made an application on 17.02.2025. The petitioner has further stated that the 4th respondent, who is his neighbour is causing disturbance to the peaceful possession and enjoyment of the subject property. Hence, he apprehends that problems would be created by the 4th respondent at the time of survey. Therefore, he seeks for police protection as a whole.

5.The learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that the application has been given by the petitioner only on 17.02.2025 and it will be duly processed by the respondents in the due course of time.

6.In view of the above, this writ petition is disposed of with a direction to the 1st respondent assisted by 2nd respondent, after giving 3/5

advance information to the 3rd respondent to provide adequate police protection to conduct survey based on the petitioner's application, dated 17.02.2025, after giving notice to the 4th respondent and any other interested parties. The said exercise shall be completed within a period of twelve weeks from the date of receipt of copy of this order. No costs. NCC : Yes / No 04.03.2025 Index : Yes / No PNM TO:-

1. The Tahsildar, Kulasekaranpattinam Vilage, Thiruchendur Taluk, Thoothukudi District.

2. The Head Surveyor, Kulasekaranpattinam Vilage, Thiruchendur Taluk, Thoothukudi District.

3. The Inspector of Police, Kulasekaranpattinam Police Station, Thiruchendur Taluk, Thoothukudi District.

4/5

P.B. BALAJI , J.

PNM ORDER IN 04.03.2025 5/5