Veerapandiyan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2025

CORAM

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

1.The Tahsildar Thirupathur Taluk, Sivagangai District.

2.The Surveyor, Taluk Office, Thirupathur Taluk, Sivagangai District.

3.The Inspector of Police, Thirukostiyur Police Station, Sivagangai District.

4.Raman 5.Mahendran : Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the Respondent Nos.1 and 2 to survey and demarcate the petitioner's property comprised in Survey No.605/14 Patta No.1159, total extent of 1.24.5 Ares, situated at Kandaramanickkam, Thirupathur Taluk, Sivagangai District and consequently direct the third Respondent to provide adequate police protection at the time of survey and demarcate the petitioner's property by considering the petitioner's representation dated 14.08.2024, within the time frame that may be fixed by this Court.

For Petitioner : Mr.A.Ilayaraja For Respondents 1&2 : Mr.C.Satheesh, Government Advocate For Respondent No.3 : Mr.S.Prakash, Government Advocate (Criminal Side)

O R D E R

The petitioner seeks issuance of a Writ of Mandamus to direct the respondents 1 and 2 to conduct survey and demarcate the petitioner's property comprised in Survey No.605/14, Patta No. 2/6

1159, total extent of 1.24.5 Ares, situated at Kandaramanickkam, Thirupathur Taluk, Sivagangai District. The petitioner has been issued with patta No.1159, which is a joint patta in the name of the petitioner and the petitioner's sisters.

2.In light of the above, the Writ Petition is disposed of, directing the respondents 1 and 2 to conduct survey after the petitioner produces the consent affidavits of his sisters in respect of the survey to be conducted based on the petitioner's application dated 14.08.2024. The first respondent, if apprehends any disturbance at the hands of the respondents 4 and 5, then, the first respondent shall make advance request to the third respondent to provide police protection and the cost of the same shall be met by the petitioner. The respondents 4 and 5 are adjoining land owners who according to the petitioner have no right in the property which is sought to be surveyed.

3.In the light of the above, as long as the objections of the respondents 4 and 5 do not pertain to issue of title to the subject property, they shall not come in the way of survey being conducted. However, if the issues pertain to title to the property, then first respondent shall take a call on merits of the objections of 3/6

respondents 4 and 5 and shall also be entitled to refuse survey. The said exercise shall be completed within a period of twelve [12] weeks from the date of receipt of a copy of this order. 4.Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs.

30.04.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 4/6

To 1.The Tahsildar Thirupathur Taluk, Sivagangai District.

2.The Surveyor, Taluk Office, Thirupathur Taluk, Sivagangai District.

3.The Inspector of Police, Thirukostiyur Police Station, Sivagangai District.

5/6

P.B.BALAJI.

, J.

MR 30.04.2025 6/6