Dulkarnain v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2025

CORAM

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

1.The Tahsildar, Office of the Tahsildar, Madurai East, Madurai.

2.The Head Surveyor, Office of the Tahsildar, Madurai East, Madurai.

3.K.Natarajan : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the first respondent to survey and demarcate my property in survey number 3/4B to an extent of 0.28.50 ares situated at Pappakudi Village, Madurai East 1/6

Taluk, Madurai within a time frame that may be stipulated by this Court.

For Petitioner : Mr.J.Mohamed Ibrahim For Respondents 1&2 : Mrs.S.Jeyapriya, Government Advocate

O R D E R

Heard Mr.J.Mohamed Ibrahim, learned Counsel for the petitioner and Mrs.S.Jeyapriya, learned Government Advocate appearing for the respondents 1 & 2.

2.The petitioner based on mutation of patta in his favour has sought for survey and demarcation of the subject lands within a time frame to be stipulated by this Court.

3.Learned Counsel for the petitioner submits that the petitioner has made an application on 13.03.2025 and also remitted the requisite fee for survey to be conducted. However, the third respondent is threatening the officials from discharging their duties and hence, the petitioner seeks for necessary police protection at the time of survey.

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4.Considering the limited relief sought for in the Writ Petition, the first and second respondents are directed to conduct survey and dispose of the petitioner's application dated 13.03.2025, after advance intimation to the jurisdictional police officials, who shall ensure availability of sufficient police personnel on the date of survey to ensure that there is no breach of law and order. In the event of any objections being raised by the third respondent, the first respondent shall consider and dispose of the said objections, before proceeding to conduct survey. In the event of the objections touching upon the title in respect of the property for which survey is sought for, then the first respondent shall be well within his rights to refuse survey.

However, if the objections are vexatious and frivolous and not touching upon the title of the property, then the first respondent shall overrule the said objections and fix a date for survey after a period of four [4] weeks, to enable the third respondent to approach the competent Civil Court and obtain any interim relief. If no such interim order is obtained within a period of four [4] weeks, then the first and second respondents shall proceed with the survey and dispose of the petitioner's application.

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5.Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs.

29.04.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 4/6

To 1.The Tahsildar, Office of the Tahsildar, Madurai East, Madurai.

2.The Head Surveyor, Office of the Tahsildar, Madurai East, Madurai.

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P.B.BALAJI.

, J.

MR 29.04.2025 6/6