Palaniyappan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2025

CORAM

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

1.The Tahsildar, Pattukottai Taluk, Thanjavur District.

2.The Taluk Surveyor Pattukottai Taluk, Thanjavur District.

3.Ilayaraja : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, issue a of a Writ of Mandamus, directing the respondents to conduct survey and boundary mark the petitioner's land comprised in Survey Nos. 378/1C1 in Pallathur village, Pattukottai Taluk at Thanjavur District by considering the petitioner's Application dated 17.05.2024, within the period that may be stipulated by this Honble Court.

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For Petitioner : Mr.V.Vishnu For Respondents 1 & 2 : Mrs.S.Jeyapriya Government Advocate

O R D E R

The petitioner seeks issuance of a Writ of Mandamus, to direct the respondents to conduct survey and mark four boundaries of the petitioner's lands comprised in Survey Nos. 378/1C1 in Pallathur village, Pattukottai Taluk at Thanjavur District, by considering the petitioner's application dated 17.05.2024. 2.The petitioner, subsequent to the said application has given representations on 24.06.2024 and again on 27.02.2025, seeking survey to be conducted based on his application dated 17.05.2024. According to the petitioner, the third respondent, who is only an adjoining neighbour having no right or interest in the petitioner's property, is objecting to any lawful survey being conducted by the authorities.

3.In view of the fact that the petitioner's application is pending from 17.05.2024, a direction is issued to the first respondent with the assistance of the second respondent to conduct survey and dispose of the petitioner's application dated 17.05.2024 in 2/6

accordance with law, after hearing the objections, if any, of the third respondent. In the event of the first respondent requiring any police protection to prevent any breach of peace at the time of survey, the first respondent shall intimate jurisdictional police officials in advance, to enable them to provide necessary police force to assist the survey authorities at the time of survey. The said exercise shall be carried out within a period of eight [8] weeks from the date of receipt of a copy of this order.

4.Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs.

02.04.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/6

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To 1.The Tahsildar, Pattukottai Taluk, Thanjavur District.

2.The Taluk Surveyor Pattukottai Taluk, Thanjavur District.

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P.B.BALAJI.

, J.

MR 02.04.2025 6/6