Mahavishnu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Mahavishnu .... Petitioner /Vs./

1. The District Collector Trichy, Trichy District.

2. The Tahsildhar Musiri Taluk, Trichy District.

3. The Chief Land Surveyor Musiri Taluk, Trichy District.

4. The Taluk Surveyor Musiri Taluk, Trichy District.

5. The Sub Inspector of Police Jambunathapuram Police Station, Musiri Taluk, Trichy District.

.... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to conduct the survey and fix the four boundaries of the land in Sy.No. 197/4 with an extant of 7.50 Acres situate at Perur Village, Musiri Taluk, Trichy District by considering the representation dated 22.01.2025. 1/5

For Petitioner : M/s.M.Bavatharani For R1 to R4 : Mr.B.Saravanan Additional Government Pleader For R5 : 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 Ms.M.Bavatharani, learned counsel appearing for the petitioner, Mr.B.Saravanan, learned Additional Government Pleader appearing for the respondents 1 to 4 and Mr.S.Prakash, learned Government Advocate (Crl.side) appearing for the fifth respondent.

3. The petitioner has sought for survey to be conducted based on his application 22.10.2024. The petitioner has also given a representation on 22.01.2025.

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4. The learned Additional Government Pleader appearing for the respondents 1 to 4 would submit that the subject lands, which has sought to be surveyed, is comprising of wildly grown trees and bushes and unless the same is removed by the petitioner, survey would not be possible.

5. The learned Government Advocate appearing for the fifth respondent would submit that there is also an FIR pending against the writ petitioner.

6. Therefore, considering the above, the petitioner shall take a steps to clear the lands in respect of which survey is sought at his costs. On clearing the lands, the petitioner shall inform the same to the second respondent and on such information received from the petitioner, the second respondent shall proceed to conduct survey, within a period of eight weeks thereafter after putting on notice to all interested parties. The second respondent shall also take the assistance of the fifth respondent police officials in the event of the second respondent apprehending any breach of peace. On any such request made by the second respondent, 3/5

the fifth respondent shall ensure sufficient police personnel are posted at the time of survey to prevent any law and order situation from arising.

7. 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 District Collector Trichy, Trichy District.

2. The Tahsildhar Musiri Taluk, Trichy District.

3. The Chief Land Surveyor Musiri Taluk, Trichy District.

4. The Taluk Surveyor Musiri Taluk, Trichy District.

5. The Sub Inspector of Police Jambunathapuram Police Station, Musiri Taluk, Trichy District.

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P.B. BALAJI , J.

am Order made in Dated:

25.03.2025 5/5