Vijayaragavan v. The Thasildhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI V.Vijayaragavan .... Petitioner /Vs/

1. The Thasildhar, Manachanallur Taluk, Trichy District.

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

3. The State of Tamilnadu,, Rep by the Inspector of Police, Manachanallur Police Station, Trichy District.

4. Perumal 5.The Revenue Divisional Officer, Lalagudi.

(5th respondent is suo motu impleaded as per order of this Court dated 24.04.2025) .... Respondents 1/5

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to survey petitioner's land with adequate police protection being S.No.239/3B an extent of 7 cents situated at Ayyampalayam village, Manachanallur Taluk, Trichy District based on the petitioner's representation dated 25.11.2024 within stipulated time fixed by this Court. For Petitioner : Mr.S.M.Mohan Gandhi For R1,R2 & R5 : Mr.B.Saravanan, Additional Government Pleader For R3 : S.Prakash Government Advocate (Crl)

ORDER

I have heard Mr.S.M.Mohan Gandhi, learned counsel appearing for the petitioner, Mr.B.Saravanan, 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 survey to be conducted based on his application dated 10.03.2025. Admittedly, the petitioner has been issued with patta and the petitioner also claims under a registered settlement deed dated 08.01.2024.

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3. However, the learned Additional Government Pleader appearing for the respondents 1 & 2 would submit that the fourth respondent has approached the Revenue Divisional Officer, Lalgudi (not arrayed as party respondent in this writ petition) and the Revenue Divisional Officer, Lalgudi is conducting an enquiry on the application of the fourth respondent seeking cancellation of petitioner's patta and subdivision in respect of the subject property.

4. In the light of the above, the Revenue Divisional Officer, Lalgudi is suo motu impleaded as fifth respondent in the writ petition.

5. The Revenue Divisional Officer, Lalgudi shall expedite the enquiry on the fourth respondent's application, after giving an opportunity to the fourth respondent as well as the petitioner and pass final orders, within a period of eight weeks from the date of receipt of a copy of this order. Thereafter, subject to the decision of the Revenue Divisional Officer, Lalgudi, the petitioner's application for survey shall be taken up and accordingly dispose of, thereafter, within a period of eight weeks. If necessary, the first respondent take the assistance of the 3/5

jurisdictional police officials, namely the 3rd respondent, after giving advance intimation.

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

Index : Yes / No NCC : Yes / No 24.04.2025 am To

1. The Thasildhar, Manachanallur Taluk, Trichy District.

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

3. The Inspector of Police, Manachanallur Police Station, Trichy District.

4. The Revenue Divisional Officer, Lalagudi.

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P.B. BALAJI , J.

am Order made in Dated:

24.04.2025 5/5