Anbudhanam v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Anbudhanam .... Petitioner /Vs/ 1.The Tahsildar, Office of Taluk Office, Singampunari Taluk, Sivagangai District.

2. The Surveyor Office of Taluk Office, Singampunari Taluk, Sivagangai District.

.... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to survey and measure the petitioner's property comprised in Survey Numbers 31/13 and 31/15A1 and the Patta No.1479 situated at Jeyamkondanilai Village, Singampunari Taluk, Sivagangai District on the basis of consider the petitioner's representation dated 02.04.2025 within the time stipulated by this Court.

1/5

For Petitioner : Mr.J.Vishnu For Respondents : Mr.B.Saravanan Additional Government Pleader

ORDER

The petitioner seeks issuance of a Writ of Mandamus to direct the respondents to conduct survey and dispose of the petitioner's survey application dated 06.03.2025 and representation dated 02.04.2025.

2. I have heard Mr.J.Vishnu, learned counsel appearing for the petitioner and Mr.B.Saravanan, learned Additional Government Pleader appearing for the respondents.

3. The learned Additional Government Pleader appearing for the respondents would submit that earlier an attempt was made by the officials to conduct a survey based on the petitioner's application dated 06.03.2025, where, they were unsuccessful because of the objections of Jeyachitra and another, who, as per the instructions of the learned Additional Government Pleader, are the purchasers from the petitioner himself and also they have encroached into petitioner's lands. He would therefore, submit that the survey can be effectively conducted only in the 2/5

presence of the police officials.

4. In the light of the above, the writ petition is disposed of directing the first respondent to give an advance intimation to the jurisdictional police officials as well as the objectors, within a period of two weeks from the date of receipt of a copy of this order proposing a date for survey. The jurisdictional police officials shall ensure their presence for necessary assistance and protection at the time of survey on the proposed date fixed by the first respondent. The first respondent shall proceed to pass orders on the petitioner's application dated 06.03.2025 and representation dated 02.04.2025, within a period of eight weeks thereafter, after considering and dealing with any objections that may be made by the said Jeyachitra and another purchasers from the writ petitioner. No costs.

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

To 1.The Tahsildar, Office of Taluk Office, Singampunari Taluk, Sivagangai District.

2. The Surveyor Office of Taluk Office, Singampunari Taluk, Sivagangai District.

4/5

P.B. BALAJI , J.

am Order made in Dated:

28.04.2025 5/5