Subramaniyan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Subramaniyan .... Petitioner /Vs./

1. The District Collector Collectorate Office, Karur District.

2. The Thasildar Krishnarayapuram Taluk, Karur District.

3. The Taluk Chief Surveyor Krishnarayapuram Taluk Office, Karur District.

4. The Taluk Surveyor Krishnarayapuram Taluk Office, Karur District.

5. The Inspector of Police Lalapettai Police Station, Karur District.

.... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd and 3rd Respondents to 1/5

survey and mark the boundaries in petitioner's land in Old Survey No. 190 and New Survey No.1379/30 in No.232 Arichana Street, Meetumahadhanapuram, Krishnarayapuram Taluk, Karur District on the basis of the representation given by the petitioner dated 25.11.2024. For Petitioner : Mr.S.Mohammad Kasim For R1 to R4 : Mr.S.Kameswaran Government Advocate For R5 : Mr.S.Prakash Government Advocate (Crl.side)

ORDER

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

2. I have heard the learned counsel appearing for the petitioner, Mr.S.Kameswaran, learned Government Advocate appearing for the respondents 1 to 4 and Mr.S.Prakash, learned Government Advocate (Crl.side) appearing for the fifth respondent.

3. The petitioner has made an application for survey on 25.11.2024. In fact, the petitioner has specifically set out in the affidavit that despite the earlier application for survey, no survey was conducted. 2/5

Though the authorities claim that the survey was conducted and the property was measured on 29.11.2023 itself, according to the petitioner, the said communication at the end of the respondents stating that the property was already measured on 29.11.2023 was factually incorrect and only under such circumstances, the present writ petition has been filed.

4. Without going into the claim of the respondents that the survey was already conducted, as the petitioner has made a fresh the application and paid necessary charges, the survey officials cannot have any impediment for carrying out the survey, even if it has already been done earlier.

5. In view of the above, the writ petition is disposed of directing the second respondent, with the assistance of the respondents 3 & 4 to conduct survey based on the petitioner's application dated 30.07.2024 followed by the representation dated 25.11.2024, within a period of eight weeks from the date of receipt of a copy of this order. In the event of the second respondent requiring any police protection, necessary application may be made in advance to the fifth respondent, who shall ensure the 3/5

sufficient police personnel are provided to secure the respondents 2 to 4 at the time of survey. No costs.

Index : Yes / No NCC : Yes / No 17.03.2025 am To

1. The District Collector Collectorate Office, Karur District.

2. The Thasildar Krishnarayapuram Taluk, Karur District.

3. The Taluk Chief Surveyor Krishnarayapuram Taluk Office, Karur District.

4. The Taluk Surveyor Krishnarayapuram Taluk Office, Karur District.

5. The Inspector of Police Lalapettai Police Station, Karur District.

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P.B. BALAJI , J.

am Order made in Dated:

17.03.2025 5/5