N. Lalitha v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2025

CORAM

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

1. The Tahsildar, Madurai North Taluk, Madurai.

2. The Head Surveyor, Madurai North Taluk, Madurai.

3. State of Tamil Nadu, Rep the Inspector of Police, Kudal Puthur Police Station, Madurai.

4. Fazil Mohammed : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus directing the respondents No.1st and 2nd to consider and pass orders on application dated 17.03.2025 for carrying out measurement and fix the four 1/5

boundaries in respect of survey No.85/29 in patta No.4752 at S.Alangulam, Aaniyur Bit, Madurai South Taluk, Madurai. For Petitioner : Mr.L.Prabakaran 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 conduct survey based on the petitioner's application dated 17.03.2025, with the assistance of the third respondent police officials.

2.The grievance of the petitioner is that despite making proper application as required under law on 17.03.2025, the respondents have not come forward to survey, citing the objections of the fourth respondent. The case of the writ petitioner is that the fourth respondent is only an adjoining land owner and he has no right over the subject property which has been purchased by the petitioner under registered sale deed dated 29.10.2024, based on which patta has also been issued.

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3.In view of the above, Writ Petition is disposed of, with a direction to the respondents 1 and 2 to proceed to conduct survey based on the petitioner's application dated 17.03.2025, after giving advance intimation to the third respondent to ensure availability of sufficient police officials on site on the date of survey to prevent any breach of peace. The fourth respondent's objection, if any, shall also be taken note of. The entire exercise shall be completed within a period of four [4] weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

20.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To

1. The Tahsildar, Madurai North Taluk, Madurai.

2. The Head Surveyor, Madurai North Taluk, Madurai.

3. State of Tamil Nadu, Rep the Inspector of Police, Kudal Puthur Police Station, Madurai.

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P.B.BALAJI.

, J.

MR 20.03.2025 5/5