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Madras High CourtWP(MD)/8791/2025disposed of

Ramkumar K P v. The District Collector

2025-04-01Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI K.P.Ramkumar ... Petitioner Vs.

1.The District Collector, Virudhunagar, Virudhunagar District.

2.The Tahsildar, Office of the Taluk Office, Rajapalayam, Virudhunagar District.

3.The Head Surveyor, Taluk Office, Rajapalayam, Virudhunagar District.

4.The Inspector of Police, South Police Station, Rajapalayam Town, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents No.2 and 3 to survey and demarcate the petitioner's landed properties in Survey No.25 to an extent of 134 Square Meter and Survey No.26 to an extent of 256 Square Meter both 1/5

property situated at Block No.6 Ward No.J, Pudhupalayam, Samsigapuram, Rajapalayam Town, Virudhunagar District on the basis of petitioner's representation, dated 01.03.2025 after given necessary opportunity to the parties concerned within time frame as fixed by this Court and for other reliefs. For Petitioner : Mr.B.Arun For R1 - R3 : Mr.M.Lingadurai Special Government Pleader For R4 : Mr.S.Prakash Government Advocate

O R D E R

The petitioner seeks issuance of writ of mandamus to direct the respondents 2 and 3 to conduct survey based on the petitioner's application, dated 20.02.2025, followed up with a representation, dated 01.03.2025.

2. Heard the learned counsel for the petitioner, learned Special Government Pleader for the respondents 1 to 3 and learned Government Advocate for the 4th respondent.

3. The petitioner has not arrayed the private respondent, who is objecting to survey being conducted at the instance of the petitioner. The petitioner has 2/5

only impleaded the jurisdictional police as the 4th respondent.

4. Considering the above, this writ petition is disposed of, directing the respondents 2 and 3 to conduct survey based on the petitioner's application, dated 20.02.2025 and pass orders, after hearing the objector. In the event of the 2nd respondent apprehending any breach of peace at the time of survey, it shall be open to the 2nd respondent to inform the 4th respondent in advance to enable the 4th respondent to provide sufficient or adequate police protection at the time of survey. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of copy of this order.

5. With the above direction, this Writ Petition stands disposed of. No costs.

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To:

1.The District Collector, Virudhunagar, Virudhunagar District.

2.The Tahsildar, Office of the Taluk Office, Rajapalayam, Virudhunagar District.

3.The Head Surveyor, Taluk Office, Rajapalayam, Virudhunagar District.

4.The Inspector of Police, South Police Station, Rajapalayam Town, Virudhunagar District.

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P.B.BALAJI , J.

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