Balasubramanian v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2025

CORAM

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

1.The Revenue Divisional Officer, Musiri, Trichy District.

2.The Tahsildar, Thuraiyur Taluk, Trichy District.

3.The Surveyor, Thuraiyur Taluk, Trichy District.

4.Saraswathi 5.Kanagaraj 6.Ashokraj : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 3 to carry out survey, measurement and demarcation of boundaries of the properties comprised in Survey No.254/34, 254/35 1/5

& 254/36 situated at Pachaperumalpatti South, Thuraiyur Taluk, Trichy District by considering the petitioner's application dated 06.01.2025 and subsequent representation dated 28.01.2025. For Petitioner : Mr.T.Lenin Kumar For Respondents 1 to 3 : Mrs.K.Malathi Additional Government Pleader

O R D E R

The petitioner claiming to be the trustee of Shri Theepanjamman Temple, has filed the present Writ Petition, seeking survey and demarcation of the properties belonging to the petitioner and donated to host the temple in the said properties in Survey Nos. 254/34, 254/35 & 254/36 situated at Pachaperumalpatti South, Thuraiyur Taluk, Trichy District. The said lands are admittedly natham lands. The petitioner has made an application for survey on 06.01.2025. Thereafter, he has given a representation on 28.01.2025, to pass orders on the application for survey dated 06.01.2025.

2.Learned Counsel for the petitioner submits that though the petitioner seeks survey of lands in Survey Nos.254/34, 254/35 & 254/36, the learned counsel for the petitioner submits that the petitioner would be satisfied if the survey is limited to Survey Nos. 254/34 & 254/36. Learned Counsel for the petitioner would also submit that the private respondents 4 to 6 who are interested in 2/5

S.No.254/35 are objecting the survey being conducted and seeks for survey to be conducted in the presence of the police officials. 3.Heard the learned Counsel on either side.

4.Considering the limited relief sought for, the Writ Petition is disposed of, directing the respondents 2 and 3 to dispose of the petitioner's application dated 06.01.2025 and representation dated 28.01.2025, by carrying out survey in respect of lands in S.Nos. 254/34 and 254/36 alone, after notice to the petitioner and private respondents 4 to 6 and any other persons interested in S.No.254/35. The said exercise shall be carried out by the respondents 2 & 3, after advance intimation to the jurisdictional police station, to ensure availability of police personnel for a peaceful survey to be conducted. 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. There shall be no order as to costs.

22.04.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To 1.The Revenue Divisional Officer, Musiri, Trichy District.

2.The Tahsildar, Thuraiyur Taluk, Trichy District.

3.The Surveyor, Thuraiyur Taluk, Trichy District.

4/5

P.B.BALAJI.

, J.

MR 22.04.2025 5/5