S.Baby v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI S.Baby .... Petitioner /Vs/ 1 The District Collector, Madurai District, Madurai.

2 The Tahsildar, Vadipatti, Madurai District.

3 The Taluk Surveyor, Vadipatti, Madurai District.

4 The Inspector of Police Alanganallur Police Station, Madurai District.

.... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 and 3 to measure and demarcate his properties in Survey No. 309/2B measuring 13 1/2 cents situated at Alagapuri Village, Vadipatti Taluk, Alanganallur Sub 1/5

Division, Madurai and also direct to give adequate police protection by the 4th respondent during the survey and fencing. For Petitioner : Mr.C.Susikumar For R1 to R3 : Mr.S.Kameswaran Government Pleader For R4 : M.Karunanidhi Government Pleader (Crl.side)

ORDER

The petitioner seeks issuance of a Writ of Mandamus to direct the respondents 2 & 3 to measure and demarcate the petitioner's property and also seeks adequate police protection be be given by the fourth respondent.

2. I have heard Mr.C.Susikumar, learned counsel appearing for the petitioner, Mr.S.Kameswaran, learned Government Advocate appearing for the respondents 1 to 3 and Mr.M.Karunanidhi, learned Government Advocate (Crl.side) appearing for the fourth respondent.

3. Though the petitioner has made an application on 20.02.2025, his grievance is that no steps have been taken by the respondents 2 and 3 to conduct survey and dispose of the petitioner's application. 2/5

4. In view of the above, the writ petition is disposed of directing the respondents 2 & 3 to conduct survey, measure and demarcate the petitioner's property, namely 13 1/2 cents in survey No.309/2B, Alagapuri Village, Vadipatti Taluk, within a period of eight weeks from the date of receipt of a copy of this order. In the event of the second respondent requiring any police assistance, it is open to the second respondent to give advance intimation about the date of survey to the fourth respondent, who shall ensure availability of the police personnel to ensure that the survey is conducted peacefully. The second respondent shall issue notice to the petitioner and also other adjoining neighbouring owners, whose interest may have to be protected in view of the survey sought for by the petitioner. No costs.

Index : Yes / No NCC : Yes / No 28.04.2025 am 3/5

To 1 The District Collector, Madurai District, Madurai.

2 The Tahsildar, Vadipatti, Madurai District.

3 The Taluk Surveyor, Vadipatti, Madurai District.

4 The Inspector of Police Alanganallur Police Station, Madurai District.

4/5

P.B. BALAJI , J.

am Order made in Dated:

28.04.2025 5/5