Murugapandi v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI Murugapandi ... Petitioner vs.

1.The Tahsildar, Manapparai Taluk, Tiruchirappalli District.

2.The Taluk Surveyor, Manapparai Taluk, Tiruchirappalli District.

3.The Inspector of Police, Manapparai Police Station, Tiruchirappalli District.

... 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 take necessary steps to demarcate and subdivide the petitioner's property in S.F.No.136/1D to an extent of 0.4.5 ares and S.F.No.140/2K to an extent of 0.4 ares situated at Nallampillai Village, Manapparai Taluk, Trichy District based on the petitioner's application, dated 22.11.2024, within a stipulated time in accordance with law. 1/5

For Petitioner :Mr.A.Thiyagarajan For R1 and R2 :Mr.M.Lingadurai Special Government Pleader For R3 :Mr.S.Prakash Government Advocate *****

O R D E R

Heard Mr.A.Thiyagarajan, learned Counsel appearing on behalf of the petitioner, Mr.M.Lingadurai, learned Special Government Pleader appearing on behalf of the respondents 1 and 2 and Mr.S.Praksh, learned Government Advocate for the third respondent. 2.The petitioner seeks issuance of a Writ of Mandamus to direct the respondents 1 and 2 to take steps to demarcate and subdivide the petitioner's property. In this regard, the petitioner has also made an application on 22.11.2024.

3.The learned Special Government Pleader, on instructions, would submit that based on the petitioner's application, survey was attempted, however, one Pramasivam and the adjacent neighbouring land owners have objected to the said survey and hence, the survey could not be 2/5

conducted.

4.Now, the petitioner seeks assistance of the jurisdictional police officials, who have also been impleaded as third respondent. In view of the same, the petitioner is entitled to have the survey to be conducted in respect of his property, which is covered by the registered partition deed and also revenue records standing in his name. 5.In the light of the above, the first respondent shall issue notice of the proposed survey to the petitioner as well as to the adjoining neighbouring land owners, who are objecting to said survey and also to the jurisdictional police officials, namely, the third respondent. On such request received from the first respondent, the third respondent shall provide sufficient police protection to ensure that there is no breach of peace at the time of survey.

The objections of the neighbouring land owners shall also be considered and considering the relevant documents on which the petitioner places reliance, the first respondent shall proceed to conduct survey and dispose of the petitioner's application, dated 22.11.

copy of this order. It is made clear that under the guise of survey or marking boundaries, there shall be no physical dispossession of any other parties, who have been in possession.

6.The Writ Petition is disposed of accordingly. No costs. Index :Yes / No 16.04.2025 Internet :Yes / No NCC :Yes / No cmr To 1.The Tahsildar, Manapparai Taluk, Tiruchirappalli District.

2.The Taluk Surveyor, Manapparai Taluk, Tiruchirappalli District.

3.The Inspector of Police, Manapparai Police Station, Tiruchirappalli District.

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P.B.BALAJI, J.

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