Balasubramani v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Balasubramani .... Petitioner /Vs./ 1.The Tahsildar, Trichy West Taluk, Trichy District.

2.The Head Surveyor, Trichy West Taluk, Trichy District.

3.The Inspector of Police, Cantonment Police Station, Trichy West Taluk, Trichy District.

.... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first and second respondents to survey the petitioner's property in T.S.No.19/1 and 19/2 respectively situated at Block 0004, Ward:A.M. Piratiyur West, Town, Trichy City Corporation-Ponmalai Zone, Trichy West Taluk, Trichy District and to fix 1/5

its boundaries as per revenue records by obtaining adequate police protection from the third respondent police within the period that may be stipulated by this Court.

For Petitioner : Mr.V.G.Vallarasu Chezhiyan For R1 & R2 : Mr.M.Lingadurai Special Government Pleader For R3 : Mr.S.Prakash Government Advocate (Crl.side)

ORDER

I have heard the learned counsel appearing for the petitioner, M.Lingadurai, learned Special Government Pleader appearing for the respondents 1 & 2 and Mr.S.Prakash, learned Government Advocate (Crl.side) appearing for the third respondent.

2. With the consent of the counsel on either side, the writ petition is taken up for final disposal at the admission stage.

3. The petitioner has made an application for surveying his property on 23.12.2024 and has also given a representation, to conduct the survey based on his application, on 27.01.2025. The petitioner seeks expeditious disposal of the application for survey. 2/5

4. However, the learned Special Government Pleader would invite my attention to the patta standing in the name of the petitioner's father and his legal heirship certificate reflecting two other legal heirs apart from the petitioner.

5. In view of the above, the petitioner is directed to get No Objection Certificate from the other two legal heirs and submit the same to the first respondent to enable the first respondent with the assistance of the second respondent to carry out the survey in pursuance of the petitioner's application dated 23.12.2024. In the event of the first respondent finding it necessary to seek for police protection, then, the first respondent may make such a request to the third respondent and the third respondent shall accordingly, provide suitable police protection to prevent any law and order situation arising at the time of the survey. The said exercise shall be carried out within a period of eight weeks from the date of receipt of a copy of this order.

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6. 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, Trichy West Taluk, Trichy District.

2.The Head Surveyor, Trichy West Taluk, Trichy District.

3.The Inspector of Police, Cantonment Police Station, Trichy West Taluk, Trichy District.

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P.B. BALAJI , J.

am Order made in Dated:

07.03.2025 5/5