Vilathi v. The Tahsildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Vilathi .... Petitioner /Vs/

1. The Tahsildar, Aranthangi Taluk, Pudukottai District.

2. The Taluk Surveyor, Aranthangi Taluk, Pudukottai District.

3. The Inspector of Police, Aranthangi Police Station, Pudukottai District.

.... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st and 2nd respondents to measure the petitioner's land and fix the four boundaries in T.S.No.8/1A situated at Pattaraichery Village, Kurumbur Post, Aranthangi Taluk, Pudukottai District based on considering the petitioner's'online application vide his E-Challan No.2025/0123/22/007961 dated 06.03.2025 and give the Police Protection on the basis of the petitioner's representation given in person within a stipulated time in accordance with law.

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For Petitioner : Mr.G.Sarathkumar For R1 & R2 : Mr.M.Lingadurai Special Government Pleader For R3 : Mr.S.Prakash Government Advocate (Crl.side)

ORDER

The petitioner seeks issuance of a Writ of Mandamus to direct the respondents 1 & 2 to measure the petitioner's land and fix four boundaries in T.S.No.8/1A situated at Pattaraichery Village, Kurumbur Post, Aranthangi Taluk, Pudukottai District.

2. With the consent of the learned counsel appearing on either side, the main writ petition is taken up for final disposal, at the admission stage.

3. I have heard the learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader appearing for the respondents 1 & 2 and Mr.S.Prakash, learned Government Advocate (Crl.side) appearing for the third respondent. 2/5

4. The petitioner has made an online application on 06.03.2025 and seeks expeditious disposal of the said survey application with the assistance of the police officials.

5. However, Mr.M.Lingadurai, learned Special Government Pleader appearing for the respondents 1 & 2 would submit that in respect of the property, which is sought to be surveyed by the petitioner, the petitioner's brother has already put up a construction of house and residing there. He would therefore submit that if the brother of the petitioner one Mr.Karuppaiya objects to survey then it may not be possible for the survey authorities to proceed to conduct the survey and dispose of the petitioner's application dated 06.03.2025.

6. The problem appears to be that in respect of the petitioner's land, his brother has put up a construction. Therefore, if there is any objection taken by the brother of the petitioner, the said Karuppaiya, then it shall not be open to the survey authorities to conduct any survey and in that event, it shall be open to the petitioner to approach the competent Civil Court to redress her grievances. The said exercise shall be carried 3/5

out within a period of eight weeks from the date of receipt of a copy of this order.

7. With the above direction, the writ petition is disposed of. No costs.

Index : Yes / No NCC : Yes / No 15.04.2025 am To

1. The Tahsildar, Aranthangi Taluk, Pudukottai District.

2. The Taluk Surveyor, Aranthangi Taluk, Pudukottai District.

3. The Inspector of Police, Aranthangi Police Station, Pudukottai District.

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P.B. BALAJI , J.

am Order made in Dated:

15.04.2025 5/5