Kokila D v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI D.Kokila ... Petitioner Vs.

1.The Tahsildar, Dindigul West Taluk, Dindigul.

2.The Head Surveyor, Dindigul West Taluk, Dindigul.

3.The Firka Surveyor, Seelapadi Village, Dindigul West Taluk, Dindigul 4.The Inspector of Police, Dindigul Taluk Police Station, Dindigul.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, by directing the respondents to survey, demarcate and determine the boundary of petitioner's land measuring to the extent of petitioner's house site plot No.9 part, Saravana Nagar, measuring to the extent of 1340 square feet in Survey No.551/1A1A situated at Seelapadi Village, Dindigul West Taluk, Dindigul based on petitioner's application No. 2025/0123/13/010807 dated 24.03.2025 and permit the petitioner to video graph 1/5

the entire survey proceedings and consequently direct the fourth respondent to give a police protection at the time of the survey above said property within a specific period as fixed by this Court.

For Petitioner :

Mr.S.Balaji For R-1 to R-3 :

Mr.S.Kameswaran Government Advocate For R-4 :

Mr.S.Prakash Government Advocate (Criminal Side)

O R D E R

The petitioner seeks issuance of writ of mandamus to direct the respondents to conduct survey and demarcate the four boundaries of the petitioner's house plot No.9 part, Saravana Nagar, measuring to the extent of 1340 square feet in Survey No.551/1A1A at Seelapadi Village, Dindigul West Taluk, Dindigul.

2. Heard the learned counsel for the parties.

3. The petitioner has purchased the said property under a registered sale deed, dated 25.03.2024 in Document No.1034/2024 on the file of the Sub 2/5

Registrar Joint-I Office, Dindigul. The petitioner has also stated that the petitioner is in possession and enjoyment of the property and in order to ascertain the correct boundaries, the petitioner has made an application for survey and paid necessary fees on 24.03.2025. The petitioner apprehends that the school owning the adjoining plots, has trespassed into the petitioner's plot and hence, the survey has been sought for.

4. The learned Government Advocate would submit that the respondents are ready to proceed with the survey subject to the petitioner producing all relevant documents regarding the subject property and after issuing notice to the adjoining plot owners.

5. Considering the above, this writ petition is disposed of, directing the respondents 1 and 2 to conduct survey, after giving notices to the petitioner and the adjoining plot owners and also to the jurisdictional police officials, namely the 4th respondent in the event of police protection being required by the 1st respondent. The survey shall be conducted in the presence of the neighbouring plot owners and the petitioner at her cost with liberty to videograph the survey, 3/5

again at the cost of the petitioner. It is made clear that under the guise of survey, none of the parties who are found to be in physical possession shall be dispossessed. The said exercise shall be completed within a period of twelve

(12) weeks from the date of receipt of copy of this order.

6. With the above directions, this Writ Petition stands disposed of. No costs.

25.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg To:

1.The Tahsildar, Dindigul West Taluk, Dindigul.

2.The Head Surveyor, Dindigul West Taluk, Dindigul.

3.The Firka Surveyor, Seelapadi Village, Dindigul West Taluk, Dindigul 4.The Inspector of Police, Dindigul Taluk Police Station, Dindigul.

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P.B.BALAJI , J.

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