Ponnusamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI Ponnusamy ... Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Guziliamparai Taluk, Dindigul District.

3.The Taluk Head Surveyor, Guziliamparai Taluk, Dindigul District.

4.The Inspector of Police, Eriyodu Police Station, Dindigul District.

5.Rengasamy 6.Ramsamy 7.Baskar ... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to conduct survey and fix four boundaries of the petitioner's land comprised in survey No.Patta No. 5540, situated at R.Kombai Village, Vadugambadi, Guziliamparai Taluk, Dindigul District based on the petitioner's representation, dated 10.03.2025. For Petitioner : Mr.S.Manojkumar For R1 - R3 : Mr.M. Lingadurai Special Government Pleader For R4 : Mr.S.Prakash Government Advocate(Crl.Side)

O R D E R

The petitioner sought for issuance of writ of mandamus to direct the respondents to conduct survey and fix four boundaries of the petitioner's property covered by Patta No.5540.

2. Heard the learned counsel on either side.

3. The petitioner has made an application on 10.03.2025 seeking survey to be conducted by respondents 2 and 3. The petitioner also apprehends obstructions by respondents 5 to 7 and hence he has also impleaded the 2/5

jurisdictional police officials as 4th respondent. It is also seen that the petitioner has obtained a decree for permanent injunction in O.S.No.42 of 2019 against the 5th respondent.

4. In view of the above, it would suffice to dispose of the writ petition, directing the respondents 2 and 3 to conduct survey based on the petitioner's application, dated 10.03.2025 after advance intimation to the 4th respondent, to enable the 4th respondent to provide sufficient police protection at the time of survey to prevent any breach of peace. The said exercise shall be conducted after putting on notice respondents 5 to 7, 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, Dindigul District, Dindigul.

2.The Tahsildar, Guziliamparai Taluk, Dindigul District.

3.The Taluk Head Surveyor, Guziliamparai Taluk, Dindigul District.

4.The Inspector of Police, Eriyodu Police Station, Dindigul District.

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P.B.BALAJI , J.

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