Muthulakshmi v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI Muthulakshmi : Petitioner Vs.

1.The Tahsildar, Nilakkottai Taluk, Dindigul District.

2.The Surveyor, Nilakkottai, Dindigul District.

3.The Inspector of Police, Viruveedu Police Station, Dindigul District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the first and second respondents to survey and demarcate the petitioner's property comprised in S.No.40/1, 2, 3, 4 and 5, Santhaiyur Revenue Village, 1/5

Chekkapatti Village, Nilakkottai Taluk, Dindigul District to an extent of 1 Acre 67 cents on the basis of the application of the petitioner within the time stipulated by this Court and further direct the third respondent to provide adequate police protection to survey and demarcate the subject land.

For Petitioner : Mr.R.Durga Devi For Respondents 1 & 2 : Mr.B.Saravanan, Additional Government Pleader For Respondent No.3 : Mr.S.Prakash, Government Advocate [Crl. Side]

O R D E R

The petitioner has sought for issuance of a Writ of Mandamus to direct the disposal of her survey application dated 26.02.2025, with the assistance of the police officials. 2.Heard the learned Counsel for the petitioner, Mr.B.Saravanan, learned Additional Government Pleader appearing for the respondents 1 & 2 and Mr.S.Prakash, learned Government Advocate appearing for the third respondent.

3.The petitioner having purchased the subject property under registered sale deed dated 23.03.2023 and also having been 2/5

issued Patta No.2277, in her name, has made an application for survey to be conducted on 26.02.2025. The petitioner only seeks disposal of the said application in the present writ petition. The petitioner has also sought for a direction to the third respondent Inspector of Police to provide adequate police protection at the time of survey. However, from the affidavit filed in support of the writ petition, I do not find even a single statement warranting the assistance of the police officials.

4.In view of the above, the Writ Petition is disposed of, with a direction to the respondents 1 and 2 to conduct a survey based on the petitioner's application dated 26.02.2025, within twelve [12] weeks from the date of receipt of a copy of this order. It is made clear that only if the survey officials apprehend any breach of peace at the time of the survey being conducted, it shall be open to them to seek adequate police protection from the third respondent. There shall be no order as to costs.

10.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To 1.The Tahsildar, Nilakkottai Taluk, Dindigul District.

2.The Surveyor, Nilakkottai, Dindigul District.

3.The Inspector of Police, Viruveedu Police Station, Dindigul District.

4/5

P.B.BALAJI.

, J.

MR 10.03.2025 5/5