Chandran v. The Assistant Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2025
CORAM
THE HON'BLE MR.JUSTICE P.B.BALAJI Chandran : Petitioner Vs.
1.The Assistant Director, The District Survey Department, Sivagangai District.
2.The Tahsildar, Sivagangai Taluk, Sivagangai District.
3.The Firka Surveyor, Sivagangai Firka, Sivagangai Taluk, Sivagangai District.
4.The Inspector of Police, Madagupatti Police Station, Sivagnagai Taluk, Sivagangai District.
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5.Kanna @ Kannadasan : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 2 and 3 to appropriate steps to install the survey stones in the petitioner's property in S.No.12/3C with an extent of 23 Ares, S.No. 12/4C2 with an extent of 63.50 ares of punja land of Nagarampatti Village, Sivagangai Taluk and District with the aid of the fourth respondent police in the light of survey certificate dated 26.12.2024 and the first respondent proceedings in Mu.Mu.A2-110/2025 dated 07.01.2025.
For Petitioner : Mr.R.Paranjothi for M/s.KBS Law Office For Respondents 1 to 3 : Mr.M.Lingadurai, Special Government Pleader For Respondent No.4 : Mr.S.Prakash Government Advocate [Crl. Side]
O R D E R
Heard Mr.R.Paranjothi, for M/s.KBS Law Office, learned Counsel for the petitioner, Mr.M.Lingadurai, learned Special Government Pleader for the respondents 1 to 3 and Mr.S.Prakash, 2/6
learned Government Advocate [Crl. Side] appearing for the fourth respondent.
2.Learned Counsel for the petitioner would submit that based on the petitioner's representation / application, survey was conducted. However, survey stones were not fixed because of the objections of the fifth respondent who claimed to prefer an appeal against the survey proceedings. However, learned Counsel for the petitioner submits that no such appeal has been preferred thereafter and in any event, there is no interim order impeding the survey authorities from fixing the survey stones pursuant to the survey already conducted.
3.In the light of the above, the second and third respondents are directed to conduct survey and install the survey stones by giving advance intimation to the petitioner, the fifth respondent and to the fourth respondent to ensure availability of necessary police force at the time of the exercise of conducting survey and installing the survey stones, to ensure that said exercise goes on peacefully. On such advance intimation to the fourth respondent, the respondents 2 and 3 shall conclude the survey already initiated by installing the survey stones. The said exercise shall be carried out within a period 3/6
of eight weeks. It is made clear that under the guise of fixing the survey stones, the same will not amount to dispossession of any of the parties in settled possession already.
4.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 Assistant Director, The District Survey Department, Sivagangai District.
2.The Tahsildar, Sivagangai Taluk, Sivagangai District.
3.The Firka Surveyor, Sivagangai Firka, Sivagangai Taluk, Sivagangai District.
4.The Inspector of Police, Madagupatti Police Station, Sivagnagai Taluk, Sivagangai District.
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P.B.BALAJI.
, J.
MR 29.04.2025 6/6