Manoharan S v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2025

CORAM

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

1.The Tahsildar, Land Survey Department, Thirupparankundram Taluk, Madurai District.

2.The Head Surveyor, Thirupparankundram Taluk, Madurai District.

3.The Inspector of Police, C-2 Subramaniapuram Police Station, Palanganatham, Madurai.

4.P.M.Sudha : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 and 2 to survey the land in Survey No.427/1, 427/1 and 427/3 (TS 1/5

No.155) to an extent of 1 acre 2 cents of vacant site situated at Ward No.21, Nehru Nagar, Madakulam Village, Thiruparankundram Taluk, Madurai District with the aid of the third respondent and fix the four boundaries on the basis of the representation dated 13.08.2024. For Petitioner : Mr.S.Ananthamurugan For Respondents 1&2 : Mr.s.S.Jeyapriya, 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 respondents 1 and 2 to conduct survey and fix four boundaries and dispose of the petitioner's representation dated 13.08.2024. The petitioner has also arrayed the Inspector of Police, C-2 Subramaniapuram Police Station, Palanganatham, Madurai, as third respondent and his adjoining land owner who is objecting the survey who has been arrayed as the fourth respondent. 2.In the light of the above, the first respondent shall issue notice to the petitioner as well as the respondents 3 and 4 and shall proceed to conduct survey based on the petitioner's application 2/5

dated 13.08.2024. In the event of the first respondent requiring any police protection, the third respondent on receiving intimation from the first respondent shall provide police force. The necessary charges shall be paid by the petitioner. The objections of the fourth respondent shall be considered, before proceeding to conduct survey. In the event of the objections touching upon the title to the said property in respect of which survey is sought for, then, the first respondent is entitled to refuse survey and direct the parties to address their grievance before the competent Civil Court. If however, there are no objections from the fourth respondent or objections being frivolous and vexatious and not touching the title of the subject property, then the first respondent with the assistance of the second respondent, shall disposed of the petitioner's application within a period of twelve [12] weeks from the date of receipt of a copy of this order.

3.Accordingly, the Writ Petition stands disposed of. 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 Tahsildar, Land Survey Department, Thirupparankundram Taluk, Madurai District.

2.The Head Surveyor, Thirupparankundram Taluk, Madurai District.

3.The Inspector of Police, C-2 Subramaniapuram Police Station, Palanganatham, Madurai.

4/5

P.B.BALAJI.

, J.

MR 28.04.2025 5/5