B.Indhra v. The Thasildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2025
CORAM
THE HONOURABLE MR.JUSTICE P.B.BALAJI B.Indhra ... Petitioner Vs.
1. The Tahsildar, Viralimalai Taluk Office, Viralimalai, Pudukkottai District.
2. The Head Surveyor, Viralimalai Taluk Office, Viralimalai, Pudukkottai District.
3. The Inspector of Police, Viralimalai Police Station, Viralimalai, Pudukkottai District.
4. Palanisamy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the 1st and 2nd respondents to survey the petitioner's properties comprised in Survey Nos.117/15A and 117/19 are situated at Melapachakudi Revenue Village, Viralimalai Taluk and Pudukottai District based on the petitioner's representation, dated 27.03.2025 and consequently direct the 3rd respondent police to provide adequate police protection during conduct survey.
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For Petitioner :
Mr.K.Arunraj For R1 & R2 :
Mr.M.Lingadurai, Special Government Pleader For R3 :
Mr.S.Prakash Government Advocate(Crl.side)
O R D E R
The petitioner seeks issuance of writ of mandamus to direct the respondents 1 and 2 to survey the petitioner's property based on his representation, dated 27.03.2025 and also seeks direction to the 3rd respondent to provide adequate police protection at the time of survey.
2. Heard the learned counsel for the parties.
3. Considering the limited relief sought for by the petitioner, this writ petition is disposed of, directing the respondents 1 and 2, with the assistance of the 3rd respondent to conduct survey and dispose of the petitioner's representation, dated 27.03.2025, after giving advance notice to the petitioner as well as 4th respondent and hearing the objections and disposing of the same in accordance with law prior to conducting survey. It is made clear that in the event of the 4th respondent's objections touching title of the petitioner's property, 2/4
then survey need not be conducted and the parties shall be relegated to the competent Civil Court. However, if the adjoining neighbour, namely the 4th respondent's objections are frivolous and not touching upon the title of the petitioner, then survey shall be proceeded with and concluded within a period of twelve (12) weeks from the date of receipt of copy of this order.
4. With the above directions, this Writ Petition stands disposed of. No costs.
22.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg To:
1. The Tahsildar, Viralimalai Taluk Office, Viralimalai, Pudukkottai District.
2. The Head Surveyor, Viralimalai Taluk Office, Viralimalai, Pudukkottai District.
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P.B.BALAJI , J.
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3. The Inspector of Police, Viralimalai Police Station, Viralimalai, Pudukkottai District.
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