Madras High CourtWP(MD)/6164/2025disposed of

Kamakshi Amma v. The Tahsildar

2025-03-07Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Kamakshi Amma .... Petitioner Vs

1. The Tahsildar Office of the Tahsildar, Peraiyur, Madurai District.

2. The Head Surveyor Office of the Tahsildar, Peraiyur, Madurai District.

3. Seramulu ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to survey the land in connection with Survey No. 505/2C1A2 situated at Elumalai Village, Elumalai Town Panchayat, Peraiyur Taluk, Madurai District with police protection at the time of survey the land by considering the petitioners petition No. 2025/0123/24/012557 dated 24.02.2025 within a time frame fixed by this Court.

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For Petitioner : Mr.D.S.Haroon Rasheed 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 survey based on his application dated 24.02.2025. The petitioner has also arrayed his adjoining neighbour, who has been causing interference, as the third respondent in the writ petition and seeks sufficient police protection.

2. Considering the limited scope of the prayer sought for in the writ petition, with the consent of the counsel appearing on either side, the writ petition is taken up for final disposal even at the admission stage. 3.The petitioner having made an application for survey on 24.02.2025, seeks the said application to be acted upon.

4. Considering the above, the writ petition is disposed of with a direction to the respondents 1 & 2 to conduct a survey based on the 2/4

petitioner's application, after putting the third respondent on advance notice about the proposed survey and after hearing the objections, if any, in the event, the first respondent apprehending any breach of peace, then it should be open to the first respondent to approach the jurisdictional police station seeking adequate police protection. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

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

Index : Yes / No NCC : Yes / No 07.03.2025 am To

1. The Tahsildar Office of the Tahsildar, Peraiyur, Madurai District.

2. The Head Surveyor Office of the Tahsildar, Peraiyur, Madurai District.

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P.B. BALAJI , J.

am Order made in Dated:

07.03.2025 4/4