Isabella v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2025

CORAM:

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

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

2. The Inspector of Police Kannivadi Police Station, Dindigul District.

.... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 1st respondent to take appropriate steps before the 2nd respondent to obtain proper police protection to conduct survey pertaining to S.F.No.93/3E1B having extent of 486 Ares situated at Kasavanampatti Village, Dindigul West Taluk, Dindigul by considering the petitioner's representation dated 09.04.2025. For Petitioner : Mr.A.Aruljenifer For R1 : Mr.B.Saravanan Additional Government Pleader For R2 : Mr.S.Prakash Government Advocate (Crl.side) 1/5

ORDER

The petitioner seeks issuance of a Writ of Mandamus to direct the first respondent to conduct survey based on the petitioner's application dated 20.03.2025. The petitioner has given a representation to the first respondent on 09.04.2025 to act on his application for survey.

2. However, the learned counsel for the petitioner would fairly submits that based on the petitioner's application, an attempt was made to survey on 18.03.2025, but however, because of the objections by neighbouring land owners, the survey could not be proceeded with. Hence, the learned counsel for the petitioner submits that the second respondent may be called upon to give protection to the first respondent for conducting peaceful survey.

3. In the light of the above, the writ petition is disposed of directing the first respondent to conduct survey based on the petitioner's application dated 20.03.2025 after hearing the objections, if any, of the neighbouring land owners. The first respondent shall also seeks assistance of the second respondent for ensuring that the survey is 2/5

conducted peacefully and without any untoward incident. In the event of the objections of the neighbouring land owners touching issues of title of the petitioner, then the first respondent shall not proceed to survey and shall relegate the parties to the competent Civil Court to address their grievances. However, in the event of the first respondent finding the objections of the neighbouring land owners to be vexatious or frivolous, the same can be overruled by the first respondent and the first respondent can proceed to conduct survey based on the petitioner's application.

4. The learned counsel for the petitioner further point out that the survey has now been proposed on 22.04.2025 and notices have been given to all the interested parties.

5. In the light of the above, the first respondent shall intimate the second respondent in advance so that, the second respondent shall provide necessary police force to ensure the survey is conducted peacefully on 22.04.2025. The objections of the neighbouring land owners shall also be considered before any exercise of survey is undertaken.

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6. With the above directions, the writ petition is disposed of. No costs.

Index : Yes / No NCC : Yes / No 17.04.2025 am Note: Issue order copy on 22.04.2025 To

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

2. The Inspector of Police Kannivadi Police Station, Dindigul District.

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P.B. BALAJI , J.

am Order made in Dated:

17.04.2025 5/5