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Madras High CourtWP(MD)/11892/2025disposed of

S.Ravichandran v. The Tahsildar

2025-04-24Honourable Mr Justice P.B. Balaji6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI S.Ravichandran .... Petitioner /Vs/

1. The Tahsildar Devakottai Taluk Office, Devakottai Taluk, Sivagangai District.

2. The Additional District Surveyor Office of District Collector Complex, Sivagangai, Sivagangai District.

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

4. Paulraj

5. Sathya @ Kannathal .... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to direct the 2nd respondent to survey the land in Survey No. 118/15 and Survey No. 118/17 in Pulikottai Village, Uruvaatti Group, Devakottai Taluk, 1/6

Sivagangai District along with necessary police protection by the 3rd respondent by considering the petitioner's survey petition dated 20.03.2025 and for other such reliefs within the period stipulated by this Court.

For Petitioner : Miss.SK.Pavithra For R1 & R2 : Mrs.K.Malathi Additional Government Pleader For R3 : Mr.S.Prakash Government Advocate (Crl.side)

ORDER

I have heard Miss.SK.Pavithra, learned counsel appearing for the petitioner, Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondents 1 & 2 and Mr.S.Prakash, learned Government Advocate (Crl.side) appearing for the third respondent.

2. The petitioner seeks expeditious conclusion to the survey application made by the petitioner dated 13.01.2025 and the representation dated 20.03.2025.

3. It is seen that the respondents 4 & 5 are objecting the survey to be conducted based on the petitioner's application. In fact, the petitioner has been issued with patta and claims to be in physical possession of the 2/6

property. The private respondents are interfering with the petitioner's possession. Therefore, the petitioner also seeks for assistance of the jurisdictional police.

4. Though the petitioner has impleaded the Inspector of Police, Thirupathur, Sivagangai District, Mr.S.Prakash, learned Government Advocate (Crl.side) appearing for the third respondent would submit that the jurisdictional police officials would be the police officials attached to the Devakottai Taluk Police Station.

5. In view of the above, the writ petition is disposed of directing the respondents 1 & 2 to conduct survey after giving advance notice to the petitioner as well as the respondents 4 & 5 and if any objections are raised by the respondents 4 & 5, the same shall be considered and disposed of after giving fair opportunity to the petitioner and the respondents 4 & 5, before proceeding to conduct survey. If then the objections, if any of the respondents 4 & 5, are rejected, the first respondent shall inform the Inspector of Police, Devakottai Taluk Police in advance to seek necessary police protection and thereafter, shall 3/6

proceed to dispose of the petitioner's survey application dated 13.01.2025 and the representation dated 20.03.2025. The said exercise shall be carried out, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. No costs.

Index : Yes / No NCC : Yes / No 24.04.2025 am 4/6

To

1. The Tahsildar Devakottai Taluk Office, Devakottai Taluk, Sivagangai District.

2. The Additional District Surveyor Office of District Collector Complex, Sivagangai, Sivagangai District.

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

4.The Inspector of Police, Devakottai Taluk Police Station, Sivagangai District.

P.B. BALAJI , J.

5/6

am Order made in Dated:

24.04.2025 6/6