Murugaiah .S v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN S.Murugaiah ... Petitioner Vs.

1.The Tahsildar Taluk Office, Kokkirakulam, Palayamkottai, Tirunelveli 2.The Taluk Surveyor Land Survey and Records, Taluk Office, Kokkirakulam, Palayamkottai, Tirunelveli.

3.The Inspector of Police Munnerpallam Police Station, Tirunelveli District.

4.Palani Konar 5.Muthukumar 6.Manikandan ... Respondents 1/6

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 and 2 to conduct survey as per Tamil Nadu Survey and boundaries Act, 1923, and to fix the boundaries in respect of land comprised in Survey No.197/14 situated at Ponnakudi Village, Palayamkottai Taluk, Tirunelveli District, and also issue a direction to the third respondent herein to provide adequate police protection by considering the petitioner's application dated 30.11.2022 and 30.01.2023. For Petitioner : Mr.P.Rajesh For Respondents : Mr.J.Ashok - for R1 to R3 Additional Government Pleader

O R D E R

The writ petition is disposed of at the admission stage itself even without issuing notice to the respondents 4 to 6. 2/6

2. The Writ Petition has been filed in the nature of a Mandamus seeking a direction to the respondents 1 and 2 / Tahsildar, Taluk Office, Kokkirakulam Palayamkottai, Tirunelveli, and the Taluk Surveyor in the same office, to conduct survey with respect to the lands in Survey No.197/14 at Ponnakudi Village, Palayamkottai Taluk, Tirunelveli District. The petitioner had given an application on 30.11.2022 and 30.01.2023.

3. The petitioner had also paid the necessary charges on 02.12.2022. The petitioner had also impleaded as the respondents 4 to 6, the adjacent land owners. However, patta stands in the name of the petitioner herein.

4. A direction is given to the respondents 1 and 2 to issue notice to the respondents 4 to 6 who are the adjacent land owners and in their presence, proceed to conduct survey of the aforementioned lands. If required, the respondents 1 and 2 may also seek the assistance of the third respondent the Jurisdictional Inspector of Police. At any rate, the 3/6

entire exercise must be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. With the above directions, the Writ petition stands disposed of. No costs.

01.06.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No RM 4/6

To 1.The Tahsildar Taluk Office, Kokkirakulam, Palayamkottai, Tirunelveli 2.The Taluk Surveyor Land Survey and Records, Taluk Office, Kokkirakulam, Palayamkottai, Tirunelveli.

3.The Inspector of Police Munnerpallam Police Station, Tirunelveli District.

5/6

C.V.KARTHIKEYAN, J.

RM 01.06.2023 6/6