M.Onnappan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI M.Onnappan ... Petitioner Vs.

1.The Thasildhar, Nilakottai Taluk, Dindigul District.

2.The Head Surveyor, Survey Department (Land), Nilakottai Taluk, Dinidgul District.

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

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to survey, demarcate and mark the four boundaries of the petitioner's property to the extent of 1652 Square Feet situated vide patta No.411 in survey No.156/4 in Plot No.41 at Pallapatti Village, Nilakottai Post and Taluk, Dindigul District and consequently direct the 3rd respondent to give a police protection at the time of survey the land alone within a specific period as fixed by this Court. 1/5

For Petitioner : Mr.P.Rengaraju For R1 & R2 : Mr.B.Saravanan Additional Government Pleader For R3 : Mr.S.Prakash Government Advocate

O R D E R

The petitioner has sought for issuance of writ of mandamus to dispose of his application for survey, dated 06.03.2025.

2. The petitioner has made an application for conducting survey based on registered sale deed and patta issued in his favour. To consider the same expeditiously, this writ petition is filed.

3. Heard the learned counsel for the petitioner, the learned Additional Government Pleader for the respondents 1 & 2 and the learned Government Advocate for the 3rd respondent.

4. The learned Special Government Pleader would bring it to my notice that in few cases, it turns out that, the documents, on which reliance has been 2/5

placed on by the applicants turn out to be forged or fabricated and these documents are contested by the persons, who are objecting for issuance of patta or survey of the lands, or on coming to know of the patta issued, or survey conducted, come forward with petitions and complaints.

5. In view of the submission made by the learned Special Government Pleader, it is made clear that in the event of any such dispute arising at the time of enquiry or before the survey, then the respondents are not obligated to go ahead with the survey and they are well within their rights to direct the parties to approach the competent Civil Court to get necessary relief.

6. In the present matter, the petitioner has made an application only on 06.03.2025 seeking survey. Considering the same, there shall be a direction to the respondents 1 and 2 to conduct survey based on the petitioner's application. It is made clear that the 1st respondent shall seek the assistance of the 3rd respondent police officials to provide protection in the event of the respondents 1 and 2 apprehending any breach of peace at the time of survey. The survey exercise shall be completed within a period of twelve (12) weeks from the date of receipt of copy of this order.

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7. With the above directions, this Writ Petition stands disposed of. No costs.

21.03.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg To:

1.The Thasildhar, Nilakottai Taluk, Dindigul District.

2.The Head Surveyor, Survey Department (Land), Nilakottai Taluk, Dinidgul District.

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

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P.B.BALAJI , J.

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