Malik Ibunudheenar J v. The Thasildhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI J.Malik Ibunudheenar ... Petitioner vs.

1.The Thasildhar, Ramanathapuram Taluk, Ramanathapuram District.

2.The Town Surveyor, Taluk Office, Ramanathapuram Taluk, Ramanathapuram District.

3.Yasmin 4.Mohammed Mukthi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the Respondents No.1 and 2 to survey the petitioner land to an extent of 2 cents situated in Town G.S.R.No.287/510 at now Survey No.157/2 having housing land at Ramanathapuram Taluk, Ramanathapuram District wand lay boundary stones based on the petitioner representation dated 14.02.2025 within the time limit that may be stipulated by this Court. 1/4

For Petitioner :Mr.R.Singaravelan Senior Counsel for Mr.D.Selvanayagam For R1 and R2 :Mr.C.Satheesh Government Advocate *****

O R D E R

Heard Mr.R.Singaravelan, learned Senior Counsel for Mr.D.Selvanayagam, 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 No.1 and 2 to survey the petitioner land based on the petitioner's representation dated 14.02.2025. 3.The learned Senior Counsel for the petitioner would submit that citing the objections of the private respondents, the official respondents are not coming forward to conduct survey and dispose of the petitioner's representation, dated 14.02.2025, which is only pertaining to survey of the petitioner's lands.

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4.Considering the limited relief sought for by the Writ Petitioner, it would suffice to dispose of the Writ Petition directing the first respondent to conduct survey based on the petitioner's representation dated 14.02.2025 and if necessary, after informing the jurisdictional police officials to give sufficient police protection to conduct peaceful survey. It is made clear that mere pendency of civil suit cannot come in the way of the officials from conducting survey and disposing of the petitioner's application. The entire exercise shall be carried out within a period of twelve weeks from the date of receipt of a copy of this order. 5.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 Thasildhar, Ramanathapuram Taluk, Ramanathapuram District.

2.The Town Surveyor, Taluk Office, Ramanathapuram Taluk, Ramanathapuram District.

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P.B.BALAJI, J.

cmr 15.04.2025 4/4