Soundarya v. The Thasildhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI 1.Soundarya 2.Saranya .... Petitioner /Vs./

1. The Thasildhar Office of Thasildhar, Usilampatti Taluk, Madurai District.

2. The Head Surveyor Office of Thasildhar, Usilampatti Taluk, Madurai District.

3. The Inspector of Police Vikkiramangalam Police Station, Vikkiramangalam, Madurai District.

4. M.Pandiyammal .... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents 1 and 2 to inspect and survey the total extent of 4 acres 78 cents of land in Sy.Nos. 112/1 and 112/4 Pana Moopan Patti Village, Usilampatti Taluk, Madurai District in consonance with the survey records including Survey Land 1/5

Register Extract, Village Account, Adangal Account, Field Measurement Book and survey map and fix the boundaries in accordance with petitioners application dated 13.11.2024. For Petitioner : Mr.N.Dilipkumar For R1 & R2 : Mr.M.Lingadurai Special Government Pleader For R3 : Mr.S.Prakash Government Advocate (Crl.side)

ORDER

With the consent of the learned counsel appearing on either side, the writ petition is taken up for final disposal, even at the stage of admission.

2. I have heard Mr.N.Dilipkumar, learned counsel appearing for the petitioner, Mr.M.Lingadurai, learned Special Government Pleader appearing for the respondents 1 & 2 and Mr.S.Prakash, learned Government Advocate (Crl.side) appearing for the third respondent.

3. The petitioners are sisters, who have jointly purchased the subject property. The petitioners have sought for survey to be conducted by making an application on 13.11.2024.

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4. Though the learned Special Government Pleader appearing for the respondents 1 & 2 would submit that the survey has already been conducted on 26.02.2025, I find that the writ petition itself has been filed only on 21.03.2025. Further, Mr.N.Dilipkumar, learned counsel for the petitioner would submit that the petitioners have not been put on any notice about the alleged survey said to have been conducted on 26.02.2025. The official respondents will have to put the petitioners on notice of the proposed survey and only thereafter, survey ought to have been conducted.

5. In view of the above, the first respondent with the help of the second respondent, shall conduct a survey in the presence of the petitioners after fixing a date in advance for the proposed survey. The learned Government Advocate, Mr.S.Prakash, appearing for the third respondent would submit that pending CSR was already closed. Therefore, if the first respondent is of the opinion that there would be any breach of law and order situation, then it should be open to the first respondent to seek the assistance of the third respondent's officials. The 3/5

survey shall be conducted after giving an advance notice to the petitioners as well as the fourth respondents, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. No costs.

Index : Yes / No NCC : Yes / No 25.03.2025 am To

1. The Thasildhar Office of Thasildhar, Usilampatti Taluk, Madurai District.

2. The Head Surveyor Office of Thasildhar, Usilampatti Taluk, Madurai District.

3. The Inspector of Police Vikkiramangalam Police Station, Vikkiramangalam, Madurai District.

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P.B. BALAJI , J.

am Order made in Dated:

25.03.2025 5/5