Madras High CourtWP(MD)/11257/2023disposed of

Ramesh D v. The Head Surveyor

2025-03-06Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI D.Ramesh : Petitioner Vs.

1.The Head Surveyor, Head Surveyor Office, Thottiyam Taluk, Trichy District.

2.The Inspector of Police, Thottiyam Police Station, Trichy District.

: Respondents [R2 is deleted vide court order dated 01.06.2023 in WP(MD)No.11257 of 2023] PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, to direct the first respondent to survey the four boundaries of the petitioner house consisting of 120 square meter in Survey No.596 of 2018 at Appananallur Village, Thottiyam Taluk, Trichy District within a stipulated period of time 1/5

fixed by this Court, on the basis of the petitioner's representation dated 11.04.2023.

For Petitioner : Mr.K.Gokul For Respondent No.1 : Mrs.S.Jeyapriya Government Advocate

O R D E R

The petitioner has filed the present Writ Petition, seeking survey to be conducted based on his application dated 14.03.2023 and representation dated 11.04.2023 and the matter is taken up for final hearing today.

2.Learned Government Advocate would submit that on 18.02.2025, survey has already been conducted and therefore, nothing survives for consideration in the writ petition. Learned Government Advocate has also handed over the copy of the survey report to the learned Counsel for the petitioner in the open Court today.

3.Learned Counsel for the petitioner submits that the petitioner intends to demolish the property and put up a new construction and therefore seeks for necessary liberty to be granted to the petitioner to approach the authorities, seeking permission for demolition in view of the survey conducted on 18.02.2025. 2/5

4.There is no impediment for the petitioner to seek demolition of the property subject to the satisfaction of the authorities that the property belongs to the petitioner and comes within the boundaries which has been identified in the survey conducted. Therefore, the petitioner is directed to make necessary application to the authorities, which shall be considered on merits and in accordance with law as and when filed. 5.Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

06.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To The Head Surveyor, Head Surveyor Office, Thottiyam Taluk, Trichy District.

4/5

P.B.BALAJI.

, J.

MR 06.03.2025 5/5