Murugesan v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2025

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Murugesan ... Petitioner Vs.

1.The District Collector, Collectorate, Madurai District.

2.The Commissioner of Police, Madurai City.

3.The Tahsildar, Madurai West Taluk, Madurai District.

4.The Inspector of Police, Thirunagar Police Station, Madurai District.

5.The Surveyor, Vilachery Firca, Madurai West Taluk, Madurai District.

6.Jeyaraman ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1, 3 and 5 to survey the petitioner's property in Survey No.332/1A2 with an 1/10

extent of 1948 Square Feet situated at Anna Street, Vilacherry, Madurai based on the petitioner's application, dated 15.03.2025 within the period that may be stipulated by this Court and also directing the respondents 2 and 5 to give adequate police protection for the same based on the petitioner's representation, dated 19.03.2025 and pass such further or other orders as this Court.

For Petitioner : Mr.K.Anbumanikandantamilsooriyan For R-1, R-3 & R-5 : Mr.A.Kannan Additional Government Pleader For R-2 & R-4 : Mr.S.Prakash Government Advocate For R-6 : Mr.F.X.Eugene

ORDER

The petitioner seeks for the following relief:- "Writ of Mandamus, directing the respondents 1, 3 and 5 to survey the petitioner's property in Survey No.332/1A2 with an extent of 1948 Square Feet situated at Anna Street, Vilacherry, Madurai based on the petitioner's application, dated 15.03.2025 within the period that may be stipulated by this Court and also directing the respondents 2 and 5 to give adequate police protection for the same based on the petitioner's representation, dated 19.03.2025."

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2. When the matter came up on 09.04.2025, after hearing Mr.K.Anbumanikandantamilsooriyan and Mr.A.Kannan, learned Additional Government Pleader, I directed the third respondent to conduct a survey after issuance of notice to the sixth respondent and report the same to this Court. Mr.A.Kannan reported that when survey was attempted to be made, the learned Counsel for the sixth respondent had represented that as the document number had been erroneously recorded as 955 of 2023 instead of as 955 of 2003, they protested against the survey being done.

3. When I call the matter on 29.04.2025, I heard the learned Counsel for the petitioner and the learned Counsels for the respondents and directed the survey to be conducted yesterday [29.04.2025] and the report to be submitted today.

4. When I took up the matter for hearing, Mr.A.Kannan states that the survey has been conducted in the presence of the petitioner and the sixth respondent. To that effect, he has produced the survey plan demarcating the properties of the petitioner. For sake of ready reference, the instruction and the plan given to the learned Additional Government pleader is extracted as hereunder:

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5. As the relief sought for by the petitioner has been granted, no further orders are necessary in the writ petition. It is open to the parties in case of any grievance to work out their rights before the jurisdictional civil Court.

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6. This writ petition stands disposed of with the above terms. There shall be no order as to costs.

30.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The District Collector, Collectorate, Madurai District.

2.The Commissioner of Police, Madurai City.

3.The Tahsildar, Madurai West Taluk, Madurai District.

4.The Inspector of Police, Thirunagar Police Station, Madurai District.

5.The Surveyor, Vilachery Firca, Madurai West Taluk, Madurai District.

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V.LAKSHMINARAYANAN, J.

BTR 30.04.2025 10/10