M.Rajaram v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI WP(MD)No.10846 of 2025 M.Rajaram ... Petitioner Vs.

1. The Thasildar Thasildar Office, Peraiyur Taluk, Madurai District.

2. The Land Surveyor Peraiyur Thasildar Office, Madurai District.

3. The Inspector of Police Sedapatti Police Station, Madurai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to survey and fix boundaries in respect of petitioner's properties situated in Survey Nos. 77/1, 77/8 totally to an extent of 49.00 Ares at Thirumaanikkam Village, Peraiyur Taluk, Madurai District, as per the provision contemplated under Sections 9 and 10 of the Tamilnadu Survey and Boundaries Act on the basis of the acknowledgement given by the 1st 1/5

respondent dated 01.04.2025, within a stipulated time fixed by this Court.

For Petitioner : Mr.L.Prabakaran For Respondents : Mr.S.Kameswaran Government Advocate for R1 & 2 : Mr.S.Prakash, Government Advocate for R3

ORDER

The petitioner seeks issuance of writ of mandamus, to direct the respondents 3 and 4 to survey and mark four boundaries of the petitioner's property.

2. I have heard the learned counsel on either side.

3. The petitioner is the son of Muthu, in whose name patta has been mutated, based on the possession of the said Muthu, who is the father of the petitioner, the petitioner has sought for survey to demarcate four boundaries of the subject property.

4. As rightly contented by the learned Government Advocate, the other legal heirs of said Muthu are not parties to the writ petition and 2/5

therefore, the petitioner would have to necessarily furnish no objection letters from the other legal heirs of his father Muthu viz., his mother, sister and two sons.

5. On such no objection letters being furnished by petitioner, the first respondent shall fix a date for survey and proceed to dispose of the petitioner's application dated 01.04.2025, after giving advance notice to the petitioner and any adjacent land owners, who may have assign in the matter and also the third respondent officials seeking police protection for conducting peaceful survey. The said exercise shall be carried out within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

Index : Yes / No NCC : Yes / No 17.04.2025 LS 3/5

To

1. The Thasildar Thasildar Office, Peraiyur Taluk, Madurai District.

2. The Land Surveyor Peraiyur Thasildar Office, Madurai District.

3. The Inspector of Police Sedapatti Police Station, Madurai District.

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P.B. BALAJI , J.

LS Order made in Dated:

17.04.2025 5/5