Velusamy v. The Thasildhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI Velusamy ... Petitioner Vs.

1.The Tahsildhar, Manchanallur Taluk, Trichy District.

2.The Head Surveyor, Manchanallur Taluk, Trichy District.

3.The State of Tamil Nadu, Represented by the Inspector of Police, Manchanallur Police Station, Trichy District.

4.Ayyappan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to survey the petitioner's land an extent of 0.2.00 Hectares being S.No.447/11B1 in Patta No. 4629, situated at Ayyampalayam Village, Manachanallur Taluk, Trichy District, based on the petitioner's online application dated 11.04.2025 within stipulated time fixed by this Court.

1/5

For Petitioner :

Mr.M.Maran For R-1 and R-2 :

Mr.S.Kameswaran Government Advocate For R-3 :

Mr.S.Prakash Government Advocate (Criminal Side)

O R D E R

The petitioner has sought for issuance of writ of mandamus to direct the respondents 1 and 2 to survey the petitioner's land. The petitioner has made an online application on 11.04.2025 and followed it up with a representation, dated 16.04.2025.

2. Heard the learned counsel for the parties..

3. The petitioner, based on a joint patta standing in the name of the petitioner's brother and sister in Patta No.4629, has made an application for survey. It is the case of the petitioner that the 4th respondent, without any right in the petitioner's property is objecting for survey being conducted.

4. In the light of the above, it is seen that earlier also the petitioner approached this court in W.P(MD)No.17068 of 2021. By an order, dated 2/5

22.09.2021, the respondents were directed to consider the petitioner's survey application. However, the 4th respondent sought review of the said order and review petition was also allowed on 01.11.2021, directing the respondents to give reasonable opportunity to the 4th respondent and owners of adjoining property before conducting survey. The grievance of the petitioner is that despite the specific orders passed by this Court, survey has not been conducted. Hence, the petitioner had to make yet another application on 11.04.2025 and when the officials came to survey the land on 15.04.2025, the 4th respondent prevented the survey officials and therefore, the petitioner has come forward with the present writ petition.

5. Considering the above, this writ petition is disposed of, directing the respondents 1 and 2 with the assistance of the 3rd respondent to fix a date for survey and after issuing notice to the petitioner as well as the 4th respondent, the survey shall be completed and petitioner's application can be disposed of on merits and in accordance with law, after hearing and deciding the objections, if any of the 4th respondent. Mere objections or any protest by the 4th respondent shall not be cited as a reason for refusing or postponing the survey, considering 3/5

the fact that specific orders have been passed by this Court as early as on 22.09.2021. The said exercise shall be completed within a period of eight (8) 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 Tahsildhar, Manchanallur Taluk, Trichy District.

2.The Head Surveyor, Manchanallur Taluk, Trichy District.

3.The Inspector of Police, The State of Tamil Nadu, Manchanallur Police Station, Trichy District.

4/5

P.B.BALAJI , J.

gbg 25.04.2025 5/5