Thottukaari v. The Sub-Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2025

CORAM

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

1.The Sub-Collector, Cheranmahadevi, Tirunelveli District.

2.The Tahsildar, Radhapuram, Tirunelveli District.

3.The Inspector of Police, Radhapuram Police Station, Tirunelveli.

4.Palavesamuthu 5.Masanamuthu : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the second respondent to survey and fix boundaries in respect of the property comprised in Survey No.798/4B to an extent of 0.6.07 Ares (15 cents) 1/5

situated at Samugarengapuram Village, Radhapuram Taluk, Tirunelveli District on the basis of petitioner's representations dated 24.03.2025 and 09.04.2025.

For Petitioner : Mr.S.Vinayak For Respondents 1 & 2 : Mr.S.Kameswaran Government Advocate For Respondent No.3 : Mr.M.Karunanithi, Government Advocate [Crl. Side] for Mr.S.Prakash, Government Advocate [Crl. Side]

O R D E R

The petitioner seeks issuance of a Writ of Mandamus to direct the second respondent to survey and fix boundaries of the petitioner's property based on petitioner's representation dated 24.03.2025 and 09.04.2025.

2.Heard the learned Counsel for the parties.

3.The petitioner has made an application for survey dated 22.03.2025 and followed it up with representation dated 24.03.2025 and 09.04.2025.

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4.Considering the pendency of the application for survey, the Writ Petition is disposed of, directing the petitioner to procure the consent affidavit of the co-pattathar and submit the same to the second respondent within a period of two [2] weeks from the date of receipt of a copy of such consent affidavit, after putting on notice the petitioner and respondents 4 and 5, second respondent shall conduct survey. If necessary, second respondent shall take the assistance of the third respondent, after informing the third respondent well in advance and if any charges are necessary for the police officials being deputed for the survey, the same shall be borne by the petitioner. Survey shall be conducted and petitioner's application shall be disposed of, within a period of ten [10] weeks from the date of the petitioner producing the consent letter from the co-pattathars. There shall be no order as to costs.

28.04.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To 1.The Sub-Collector, Cheranmahadevi, Tirunelveli District.

2.The Tahsildar, Radhapuram, Tirunelveli District.

3.The Inspector of Police, Radhapuram Police Station, Tirunelveli.

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P.B.BALAJI.

, J.

MR 28.04.2025 5/5