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Madras High CourtWP(MD)/12201/2025disposed of

Perumal R v. The Tahsildar

2025-04-28Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI R.Perumal .... Petitioner /Vs/

1. The Tahsildar Manapparai Taluk, Tiruchirappalli District.

2. The Taluk Surveyor Manapparai Taluk, Tiruchirappalli District.

3. The Inspector of Police Manapparai Police Station, Tiruchirappalli District.

4.Samikannu 5.Sangan 6.Rajkumar 7.Rajendran 8.Rajesh 9.V.Jayaraman 10.P.Kandasamy 11.S.Palanisamy 12.S.Gandhi .... Respondents 1/5

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents No.1 and 2 to take necessary steps to demarcate and subdivide the petitioner's property in S.C.Nos.81/1A 81/1B to an total exent of 67.50 Ares and S.F.Nos. 74/10C, 74/13A, 74/16, 74/17C, 74/18, 74/21C, 74/22, 74/23, 74/26, 74/28, 74/3, 74/7B, 80/7 to an total extent of 2 hectares 19.50 Ares situated at Usilampatti Village, Manapparai Taluk, Trichy District based on the petitioner's application dated 09.05.2024 and 12.03.2025. For Petitioner : Mr.A.Thiyagarajan For R1 & R2 : Mrs.S.Jeyapriya Government Advocate For R3 : Mr.M.Karunanidhi Government Advocate (Crl.side)

ORDER

The petitioner seeks issuance of a Writ of Mandamus to direct the respondents 1 & 2 to conduct survey based on the petitioner's application dated 09.05.2024 and the representation dated 17.03.2025.

2. The petitioner has also arrayed the private respondents 4 to 12, who are objecting to the survey and has also sought for necessary police protection by impleading the jurisdiction police, the Inspector of Police, Manapparai Police Station as third respondent. 2/5

3. I have heard Mr.A.Thiyagarajan, learned counsel appearing for the petitioner, Mrs.S.Jeyapriya, learned Government Advocate appearing for the respondents 1 & 2 and Mr.M.Karunanidhi, learned Government Advocate (Crl.side) appearing for the third respondent.

4. Considering the limited relief sought for in the writ petition, the writ petition is disposed of directing the respondents 1 & 2 to conduct survey, demarcate and subdivide the petitioner's property and dispose of the petitioner's application dated 09.05.2024, on merits and in according with law, after giving an opportunity to the petitioner as well as the private respondents 4 to 12. In the event of the first respondent requiring necessary police protection, then the first respondent shall give an advance intimation to the third respondent about the proposed survey and the third respondent shall also provide necessary police protection to the second respondent to conduct peaceful survey, to dispose of the petitioner's application dated 09.05.2024.

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5. With the above directions, the writ petition is disposed of. No costs.

Index : Yes / No NCC : Yes / No 28.04.2025 am To

1. The Tahsildar Manapparai Taluk, Tiruchirappalli District.

2. The Taluk Surveyor Manapparai Taluk, Tiruchirappalli District.

3. The Inspector of Police Manapparai Police Station, Tiruchirappalli District.

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P.B. BALAJI , J.

am Order made in Dated:

28.04.2025 5/5