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Madras High CourtWP(MD)/8221/2025disposed of

Pandi T v. The District Collector

2025-03-25Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI T.Pandi .... Petitioner /Vs/

1. The District Collector Madurai District.

2. The Tahsildar Usilampatti Taluk, Madurai District.

3. The Head Surveyor Usilampatti Taluk, Madurai District.

4. The Inspector of Police Checkanurani Police Station, Madurai District. .... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents 1st and 2nd to dispose of the petitioner's Application vide Application No. 2024/0123/24/008573 dated 30.09.2024 to measure and to fix the four side boundaries Survey No.174/1C1 of 11.70 Ares at Kovilankulam Post, Usilampatti Taluk, Madurai District and consequently direct the 3rd 1/5

respondent to provide adequate police protection at the time of conducting survey by the respondents 1 and 2 within a time stipulated by this Court.

For Petitioner : Mr.P.Bhagavath Srinath For R1 to R3 : Mr.B.Saravanan Special Government Pleader For R4 : Mr.S.Prakash Government Advocate (Crl.side)

ORDER

The petitioner has filed the writ petition seeking issuance of a Writ of Mandamus to direct the respondents 1 & 2 to dispose of the petitioner's application dated 30.09.2024 for conducting the survey and fix the four boundaries in the presence of the fourth respondent police officials.

2. I have heard the learned counsel appearing for the petitioner, Mr.B.Saravanan, learned Additional Government Pleader appearing for the respondents 1 to 3 and Mr.S.Prakash, learned Government Advocate (Crl.side) appearing for the fourth respondent.

3. Considering that the petitioner has sought for survey based on the patta issued to the petitioner, there can be no impediment for the 2/5

authorities to proceed with the survey. However, the learned Additional Government Pleader appearing for the respondents 1 to 3, on instructions, would submit that there is an objection for the survey to be conducted at the instance of the neighbours and hence, he seeks for necessary police protection at the time of survey being conducted.

4. In view of the above, the writ petition is disposed of directing the respondents 2 & 3 to conduct a survey based on the petitioner's application dated 30.09.2024. The first respondent shall give an advance notice to the fourth respondent to enable the fourth respondent to ensure the presence of the sufficient police personnel at the time of survey to prevent any law and order situation from arising. The second respondent shall hear the objections, if any, of the adjacent neighbouring owners before proceeding to survey the petitioner's property. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Index : Yes / No NCC : Yes / No 25.03.2025 am 3/5

To

1. The District Collector Madurai District.

2. The Tahsildar Usilampatti Taluk, Madurai District.

3. The Head Surveyor Usilampatti Taluk, Madurai District.

4. The Inspector of Police Checkanurani Police Station, Madurai District.

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P.B. BALAJI , J.

am Order made in Dated:

25.03.2025 5/5