Anusiya v. The Thasildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.B.BALAJI Anusiya ... Petitioner vs.
1.The Thasildar, Kodaikanal Taluk, Dindigul District.
2.The Head Surveyor, Kodaikanal Taluk, Dindigul District.
3.The Firka Surveyor, Vilpatti Village, Kodaikanal Taluk, Dindigul District.
4.The Inspector of Police, Kodaikanal Police Station, Kodaikanal, Dindigul District-624 101.
5.Vijayalakshmi 6.Arasakumar 7.Ramasamy 8.Shanmugapriya ... Respondents 1/6
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the official respondents to survey, demarcate and determine the boundary of the petitioner's land property bearing RE-survey Nos.985/2B-with an extent of 0.900 ares, 986/2B-with an extent of 0-7.00 ares (in total 0-16.00 ares/40 cents) situated at Pallangi Road, Vilpatti Village, Kodaikanal Taluk, Dindigul District, based on her petition No. 2025/0123/13/009904 dated 19.02.2025 and consequently, direct the fourth respondent to give a police protection at the time of survey the above said property within a specific period as fixed by this Court. For Petitioner : M/s.A.Tamilarasi For Respondents : Mr.M.Lingadurai Special Government Pleader for R1 to R3 Mr.S.Prakash Government Advocate (CS) for R4
ORDER
The petitioner seeks issuance of a Writ of Mandamus to direct the respondents 1 to 3 to conduct a survey based on the petitioner's application dated 19.02.2025.
2.The petitioner has purchased the subject property by a registered sale deed dated 06.03.2023. The learned counsel for the petitioner submits that 2/6
eventhough the patta issued in the name of the petitioner has not been enclosed in the typed set of papers, by mistake, the father of the vendor of the petitioner has been enclosed. However, the learned counsel further submits that the patta has already been mutated in the name of the petitioner and the same would be produced before the survey authorities at the time of survey. The learned counsel further submits that the respondents 5 to 8 are the adjacent land owners and they have been impleaded by way of abundant caution. 3.Considering the limited scope of the relief sought for in the writ petition, with the consent of the learned counsel on either side, the writ petition is taken up for final disposal at the stage of admission itself. 4.The petitioner has made an application for surveying her property on 19.02.2025. She has also sought for police protection apprehending objections by the private respondents 5 to 8.
5.In the light of the above, this Writ Petition is disposed of with a direction to the respondents 1 and 3 shall conduct a survey of the petitioner's property, based on her application, dated 19.02.2025, after giving advance notice to the 3/6
petitioner as well as the respondents 5 to 8 and after considering the objections if any of the private respondents 5 to 8. In the event of the first respondent apprehending any breach of law and order situation at the time of survey, the first respondent shall request the fourth respondent to provide police protection to ensure peaceful survey to tbe conducted. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. No costs.
13.03.2025 sji NCC: Yes/No Index : Yes / No Internet : Yes / No To 1.The Thasildar, Kodaikanal Taluk, Dindigul District.
2.The Head Surveyor, Kodaikanal Taluk, Dindigul District.
3.The Firka Surveyor, Vilpatti Village, Kodaikanal Taluk, Dindigul District.
4/6
4.The Inspector of Police, Kodaikanal Police Station, Kodaikanal, Dindigul District-624 101.
5/6
P.B.BALAJI , J.
sji 13.03.2025 6/6