R.Joseph v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI R.Joseph .... Petitioner /Vs/

1. The District Collector District Collector Office, Thoothukudi District.

2. The Revenue Divisional Officer Revenue Divisional Office, Thoothukudi District.

3. The Tahsildar Thasildar Office, Toovipuram, Thoothukudi Town, Thoothukudi District.

4. The Chief Surveyor Thoothukudi Corporation Office, Thoothukudi District.

5. The State of Tamil Nadu Rep.by, the Superintendent of Police, Thoothukudi, Thoothukudi District.

6. The State of Tamil Nadu Rep.By, the Inspector of Police, North Police Station, Thoothukudi District. 1/5

7. K.Narayanan

8. P.Chandra .... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to survey the property of the petitioner in Survey Ward No.5 Survey No. 207, 208, 209/2, Block No.3 situated at Manakavalan Street, Thoothukudi Town , Thoothukudi District measuring to an extent of 2.412 cent and based on the petitioner's representation dated 12.04.2025 made by the petitioner within a stipulated time fixed by this Court and simultaneously directing the respondents 5 and 6 to provide adequate police protection for the survey the boundaries.

For Petitioner : Mr.J.Joseph Zinoson For R1 to R4 : Mr.M.Lingadurai Special Government Advocate For R5 & R6 : Mr.S.Prakash Government Advocate (Crl.side)

ORDER

The petitioner, based on a registered sale deed dated 21.02.2024 and patta standing in the name of his vendor, has sought for survey to be conducted and to identify the 4 boundary of the petitioner's property.

2. The petitioner has made an application for conducting survey on 12.04.2025. The petitioner merely seeks for expeditious disposal of the said application for survey.

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3. In the light of the limited relief sought for, it would suffice to dispose of the writ petition directing the third respondent, with the assistance of the fourth respondent, to survey and identify the four boundaries of the petitioner's property and dispose of the petitioner's application on merits, in accordance with law after hearing the respondents 7 & 8, objections if any and disposing of the same before conducting survey. In the event of the third respondent requiring any police protection, he may make necessary application to the sixth respondent, who shall ensure availability of sufficient police personnel at the time of survey to enable the third respondent to conduct peaceful survey (*) and Fix the four boundaries. The said exercise shall be carried out within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above direction, the writ petition is disposed of. No costs. Sd/- 23.04.2025 (*)Corrected as per the order of this court dated 28.04.2025 made in WP(MD).No. 11378 of 2025.

Sd/- ASSISTANT REGISTRAR (P & A) // True Copy // 30/04/2025 Sub Assistant Registrar( ) 3/5

To

1. The District Collector District Collector Office, Thoothukudi District.

2. The Revenue Divisional Officer Revenue Divisional Office, Thoothukudi District.

3. The Tahsildar Thasildar Office, Toovipuram, Thoothukudi Town, Thoothukudi District.

4. The Chief Surveyor Thoothukudi Corporation Office, Thoothukudi District.

5. The Superintendent of Police, Thoothukudi, Thoothukudi District.

6. The Inspector of Police, North Police Station, Thoothukudi District. 7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.SPL.GP ( SR-27162[F] dated 25/04/2025 ) +1 CC to M/s.J.JOSEPH XINOSON, Advocate ( SR-27329[F] dated 25/04/2025 ) 4/5

Dated:

23.04.2025 AS - (30.04.2025) 5P/ 10C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5