Kamala Kannan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI Kamala Kannan ... Petitioner vs.

1.The Tahsildar, Lalgudi Taluk, Trichy District.

2.The Surveyor, Lalgudi Taluk, Trichy District.

3.Rengaraj 4.Suthakar 5.Anandh 6.Selvakumar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 and 2 to carry out survey, measurement and demarcation of boundaries of the properties comprised in Survey Nos.278/1B1, 278/1B2, 278/1D and 278/1F with an extent of 0.3.00 Hectare, 0.61.50 Hectare, 0.34.00 Hectare and 0.79.50 Hectare respectively situated at Neikulam Village, Lalgudi Taluk, Trichy District by considering the petitioner's application dated 11.05.2024 and subsequent representation, dated 30.08.2024. 1/5

For Petitioner :Mr.T.Leninkumar For R1 and R2 :Mr.C.Satheesh Government Advocate *****

O R D E R

Heard Mr.T.Leninkumar, learned Counsel appearing on behalf of the petitioner and Mr.C.Satheesh, learned Government Advocate appearing on behalf of the respondents 1 and 2. 2.The petitioner seeks for issuance of a Writ of Mandamus to direct the respondents 1 and 2 to conduct survey based on his application, dated 11.05.2024, and representation, dated 30.08.2024. The respondents 3 to 6 are neighbouring land owners who, according to the petitioner, are objecting to survey being conducted. 3.In view of the above, the Writ Petition is disposed of directing the respondents 1 and 2 to conduct survey and dispose of the petitioner's application, dated 11.05.2024 and the representation, dated 30.08.2024, after affording an opportunity to the respondents 3 to 6 to put forth their 2/5

objections and after considering the same, the first respondent shall decide on the said objections and shall either proceed to conduct survey or direct the parties to approach the competent civil Court in the event of there being any claim of title over the subject lands in respect of which survey is sought for by the petitioner. In the event of objections of Respondents 3 to 6 being frivolous, than the same shall be overruled/rejected and the first respondent, with the assistance of the second respondent, shall proceed to conduct survey and dispose of the petitioner's survey application, dated 11.05.2024. The entire exercise shall be carried out within a period of twelve weeks from the date of receipt of a copy of this order.

The said exercise shall be carried out, if necessary, in the presence of the jurisdictional Police officials, whose presence may be required by the first respondent and in such event of police protection being necessary, the first respondent shall make necessary advance intimation to the jurisdictional Police station, who shall immediately act upon the same and ensure that sufficient police personnel are posted to enable peaceful survey to be conducted.

4.The Writ Petition is disposed of accordingly. No costs. Index :Yes / No 15.04.2025 Internet :Yes / No NCC :Yes / No cmr To 1.The Tahsildar, Lalgudi Taluk, Trichy District.

2.The Surveyor, Lalgudi Taluk, Trichy District.

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P.B.BALAJI, J.

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