Kulanthaivel V v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI V.Kulanthaivel ... Petitioner vs.

1.The Tahsildar, Vedasandur Taluk Office, Vedasandur, Dindigul District.

2.The Head Surveyor, Vedasandur Taluk Office, Vedasandur, Dindigul District.

3.The Inspector of Police, Vedasandur Police Station, Vedasandur Taluk, Dindigul District.

4.A.Subburam ... 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 consider the application No.2025/0123/13/010629, dated 19.03.2025 and to direct the respondents 1 and 2 to conduct survey and demarcate the boundaries in S.No.938/45 situated at Vedasandur, Dindigul District based on petitioner application within the time stipulated by this Court. 1/5

For Petitioner :Mr.S.Arunnithy For R1 and R2 :Mrs.S.Jeyapriya Government Advocate For R3 :Mr.S.Prakash Government Advocate *****

O R D E R

Heard Mr.S.Arunnithy, learned Counsel appearing on behalf of the petitioner, Mrs.S.Jeyapriya, learned Government Advocate for the first and second respondents and Mr.S.Prakash, learned Government Advocate appearing for the third respondent. Considering the limited relief sought for by the petitioner, this Writ Petition is taken up for final disposal with the consent of both parties.

2.The petitioner seeks for issuance of a Writ of Mandamus to direct the first and second respondents to consider the petitioner's application for survey, dated 19.03.2025. The petitioner, based on the sale deed in his favour, the partition deed and the patta mutated in his favour, has sought for survey to be conducted. But the adjacent land owner, the fourth respondent, is raising objections and hence, the petitioner had approached this Court by way of the above Writ Petition. 2/5

3.The petitioner's request for survey is based on the registered documents and also revenue records mutated in his favour and therefore, there can be no impediment for the first respondent to conduct survey and dispose of the petitioner's representation, dated 19.03.2025. 4.Hence, the Writ Petition is disposed of directing the first respondent to dispose of the petitioner's representation, dated 19.03.2025 and if necessary, the first respondent shall take the assistance of the third respondent officials to prevent any breach of peace at time of survey after advance intimation to the fourth respondent. It is also made clear that the first respondent shall issue notice to the fourth respondent and hear the objections, if any, of the fourth respondent before proceeding to survey the petitioner's property and dispose of the application, dated 19.03.2025. The said exercise shall be carried out within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Index :Yes / No 16.04.2025 NCC :Yes / No cmr 3/5

To 1.The Tahsildar, Vedasandur Taluk Office, Vedasandur, Dindigul District.

2.The Head Surveyor, Vedasandur Taluk Office, Vedasandur, Dindigul District.

3.The Inspector of Police, Vedasandur Police Station, Vedasandur Taluk, Dindigul District.

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P.B.BALAJI, J.

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