Mahajabeen v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Mahajabeen ... Petitioner Vs.

1.The Tahsildar O/o. the Tahsildar, Palani Taluk, Dindigul District.

2.The Taluk Head Surveyor O/o. the Taluk Head Surveyor, Palani Taluk, Dindigul District.

3.The Inspector of Police Palani Taluk Police, Dindigul District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to conduct survey and fix four boundaries of the petitioner's land comprised 1/5

in Survey Nos.2/1 and 2/3 in Patta No.79 situated at Chinnaammapatti Village, Palani Taluk, Dindigul District, based on the petitioner's representation dated 23.06.2022.

For Petitioner : Mrs.S.Prabha For Respondents : Mr.N.Muthu Vijayan Special Government Pleader

O R D E R

Heard the learned counsel for the petitioner and also the learned Special Government Pleader who had taken notice on behalf of the respondents.

2. The writ petition has been filed in the nature of a Mandamus seeking survey to be conducted and the boundaries to be fixed for the lands at Survey Nos.2/1 and 2/3 in Patta No.79 at Chinnammapatti Village, Palani Taluk, Dindigul District. The petitioner had given a representation on 23.06.2022.

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3. The learned Special Government Pleader had forwarded written instructions that a complaint was given by the villagers who had been using the aforementioned land as a pathway and they had objected for a fence being put up by the petitioner herein. The third respondent had conducted a Peace Committee meeting and written instructions have been forwarded that the villagers would not object for survey to be conducted but would take up further appropriate steps before the Revenue Officials.

4. A direction is given to the first respondent / Tahsildar, to issue notice to the petitioner herein and in the presence of the third respondent / Inspector of Police, may proceed to survey the lands of the petitioner herein. If there are objections, then the first respondent may note down the objections and give reasons for not able to conduct the survey. The petitioner or the villagers are at liberty to proceed further before the higher Authorities for any relief. If survey is possible, the said exercise may be completed within a period of six weeks from the date of receipt of a copy of this order.

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5. With the above directions, the Writ Petition stands disposed of. No costs.

18.04.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No RM To 1.The Tahsildar O/o. the Tahsildar, Palani Taluk, Dindigul District.

2.The Taluk Head Surveyor O/o. the Taluk Head Surveyor, Palani Taluk, Dindigul District.

3.The Inspector of Police Palani Taluk Police, Dindigul District.

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C.V.KARTHIKEYAN, J.

RM 18.04.2023 5/5