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Madras High CourtWP(MD)/7357/2025disposed of

S.Muniyasamy v. The Tahsildar

2025-03-19Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2025

CORAM

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

1. The Tahsildar, Taluk Office, Mudhukulathur Taluk, Ramanathapuram District.

2. The Firka Surveyor, Taluk Office, Mudhukulathur Taluk, Ramanathapuram District.

3. The Inspector of Police, Theriruveli Police Station, Ramanathapuram District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, to direct the Respondents 1 and 2 to survey and demarcate the Petitioner property to an extent of about 171.36 Sq. Meter comprised in Survey No. 382/8 at Karmal Village, Mudhukulathur Taluk, Ramanathapuram District as per the 1/5

application of the Petitioner dated 20.08.2024 and consequently direct the 3rd Respondent to provide adequate police protection at the time of survey and demarcate the Petitioner properties, by considering the Petitioner representation dated 25.02.2025 submitted to the Respondents.

For Petitioner : Mr.K.Sivabalan For Respondents 1&2 : Mr.M.Lingadurai Special Government Pleader For Respondent No.3 : Mr.S.Prakash Government Advocate (Crl. Side)

O R D E R

The petitioner seeks issuance of Writ of Mandamus to direct the respondents 1 and 2 to survey and demarcate the petitioner's property. The petitioner has made an application on 20.08.2024 and also given a representation on 25.02.2025, seeking survey to be conducted with the assistance of third respondent police officials.

2.Today, when the matter was taken up for admission, Mr.S.Prakash, learned Government Advocate [Crl. Side] appearing for the third respondent, on instructions, would submit that on 15.02.2025, survey was conducted. Learned Special Government Pleader has not got any instructions in the matter yet. 2/5

3.However, learned Counsel for the petitioner asserts that though the officials came on 15.02.2025, no survey was conducted and only thereafter, the petitioner was constrained to give representation on 25.02.2025 and thereafter filed the present Writ Petition before this Court.

4.Considering the above, the Writ Petition is disposed of, with a direction to the respondents 1 and 2 to pass final orders on the petitioner's application dated 20.08.2024, if not already survey being conducted. If survey has already been conducted, survey report shall be furnished to the petitioner. In the event of the first respondent requiring the police assistance, the first respondent shall intimate the third respondent in advance about the proposed survey and the third respondent shall ensure sufficient police protection is given to the first respondent to conduct peaceful survey. Such exercise shall be completed within a period of twelve [12] weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

19.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To

1. The Tahsildar, Taluk Office, Mudhukulathur Taluk, Ramanathapuram District.

2. The Firka Surveyor, Taluk Office, Mudhukulathur Taluk, Ramanathapuram District.

3. The Inspector of Police, Theriruveli Police Station, Ramanathapuram District.

4/5

P.B.BALAJI.

, J.

MR 19.03.2025 5/5