R.Thiruppathi v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI R.Thiruppathi : Petitioner Vs.

1.The Tahsildar, Thiruppuvanam Taluk, Thiruppuvanam, Sivagangai District.

2.The Taluk Head Surveyor, Thiruppuvanam Taluk, Thiruppuvanam, Sivagangai District.

3.The Superintendent of Police, Sivagangai District, Sivagangai.

4.The Inspector of Police, Thiruppachethi Police Station, Thiruppachethi, Sivagangai District.

5.Priya : Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the first and second respondents to conduct survey of petitioner's lands which is situated at Sivagangai District, Thiruppuvanam Taluk, Thiruppachethi South Village in Survey No.77/6B admeasuring 0.9.00 Hectares ie., 22 cents, with the police protection of the fourth respondent herein and demarcate the same by laying stones and fencing of the land by considering the petitioner's petition dated 22.03.2025 and 28.03.2025 within a time as fixed by this Court. For Petitioner : Mr.A.Jeyaram For Respondents 1&2 : Mr.S.Kameswaran, Government Advocate For Respondents 3&4 : Mr.S.Prakash, Government Advocate [Crl. Side]

O R D E R

Heard the learned Counsel for the petitioner Mr.A.Jeyaram, Mr.S.Kameswaran, learned Government Advocate appearing for the respondents 1 & 2 and Mr.S.Prakash, learned Government Advocate [Crl. Side] appearing for the respondents 3 & 4. 2.The petitioner even in his affidavit has stated that survey was already conducted earlier, not once but twice and survey report was 2/5

also issued. However, the fifth respondent is refusing to go by the survey report and he is trying to interfere with the petitioner's possession. Therefore, the petitioner has once again made an application on 22.11.2024, for fresh survey / resurvey to be conducted. The petitioner also seeks for police protection. 3.Considering the limited relief sought for, the Writ Petition is disposed of, directing the first and second respondents to conduct survey and dispose of the petitioner's application dated 22.11.2024 and representations dated 22.03.2025 and 28.03.2025, after giving advance notice to the petitioner as well as the fifth respondent. The survey shall be conducted in the presence of the fourth respondent officials, to ensure that there is no breach of law and order at the time of survey.

The said exercise shall be carried out within a period of twelve [12] weeks from the date of receipt of a copy of this order. However, it is made clear that there shall be no dispossession under the guise of survey. It is for the petitioner to protect his property after survey. There shall be no order as to costs. 22.04.

To 1.The Tahsildar, Thiruppuvanam Taluk, Thiruppuvanam, Sivagangai District.

2.The Taluk Head Surveyor, Thiruppuvanam Taluk, Thiruppuvanam, Sivagangai District.

3.The Superintendent of Police, Sivagangai District, Sivagangai.

4.The Inspector of Police, Thiruppachethi Police Station, Thiruppachethi, Sivagangai District.

4/5

P.B.BALAJI.

, J.

MR 22.04.2025 5/5