Muniyandi v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2025
CORAM
THE HON'BLE MR.JUSTICE P.B.BALAJI Muniyandi : Petitioner Vs.
1. The Tahsildar, Office of the Tahsildar, Peraiyur, Madurai District.
2. The Head Surveyor, Office of the Tahsildar, Peraiyur, Madurai District.
3. Periyasamy : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus directing the respondents No. 1 and 2 to survey the land in connection with Survey No.746/2B, situated at Velambur Bit-I, Peraiyur Taluk, Madurai District with police protection at the time of survey the land by considering the 1/5
petitioner's petition No. 2024/0123/24/010025 dated 27.11.2024 within time framed as fixed by this Hon'ble Court. For Petitioner : Mr.D.S.Haroon Rasheed For Respondents 1 & 2 : Mr.C.Satheesh Government Advocate
O R D E R
The petitioner seeks issuance of a Writ of Mandamus, to direct the respondents 1 and 2 to conduct survey based on the petitioner's application dated 27.11.2024.
2.Considering the limited relief that has been sought for in the Writ Petition, with the consent of the learned Counsel for the petitioner and Mr.C.Satheesh, learned Government Advocate, the Writ Petition is taken up for final disposal even at the stage of admission. The petitioner, based on registered sale deed in his favour as well as patta being issued to him, has made an application dated 27.11.2024. According to the third respondent, the adjoining neighbour is creating obstructions. Hence, the petitioner has been constrained to approach this Court for necessary directions. 3.Considering that the petitioner's request for survey is based on registered document as well as mutation of revenue records, there can be no impediment for survey application being processed. 2/5
4.In view of the above, the Writ Petition is allowed, with a direction to the respondents 1 and 2 to conduct survey based on the petitioner's applications dated 27.11.2024, after hearing the objections if any, and conclude the survey within a period of four [4] weeks from the date of receipt of a copy of this order. In the event of the first respondent requiring any police officials, he may approach the jurisdictional police and on such request being made by the first respondent, the jurisdictional police shall also render full cooperation. 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, Office of the Tahsildar, Peraiyur, Madurai District.
2. The Head Surveyor, Office of the Tahsildar, Peraiyur, Madurai District.
4/5
P.B.BALAJI.
, J.
MR 19.03.2025 5/5