Vinod Mathew v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025
CORAM
THE HONOURABLE MR.JUSTICE P.B.BALAJI Vinod Mathew ... Petitioner Vs.
1.The Tahsildar, Theni Taluk Office, Theni District.
2.The Head Surveyor, Taluk Office, Theni, Theni District.
3.The Inspector of Police, Theni Town Police Station, Theni District.
4.Venkatesh ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents No.1 and 2 to survey and mark four boundaries of land property with an extent of 16525 Square Feet which is situated in Town Survey Number 131/1 (Old Survey Number 514/1 and 515), Alinagaram, Theni Town, Theni District and to fix boundaries as per Sale Deed and Revenue Documents by obtaining adequate police protection from the third Respondent Police based on the petitioner's application dated 1/5
03.04.2025 and subsequent representation dated 20.04.2025 within a stipulated time that may be fixed by this Court.
For Petitioner :
Mr.R.Karunanidhi For R-1 and R-2 :
Mrs.S.Jeyapriya Government Advocate For R-3 :
Mr.S.Prakash Government Advocate (Criminal Side)
O R D E R
The petitioner seeks issuance of writ of mandamus to direct the respondents 1 and 2 to survey and mark the four boundaries of the petitioner's property in the presence of the 3rd respondent.
2. Heard the learned counsel for the parties.
3. The petitioner has made an application on 03.04.2025 and also given a representation on 20.04.2025 seeking survey. According to the petitioner, the 4th respondent who is an investor is creating a trouble and has also filed a suit seeking alleged share in the income accruing from the subject property. The said suit will not come in the way of survey being conducted by the respondents 1 2/5
and 2.
4. In the light of the above, the respondents 1 and 2 are directed to conduct survey after giving notice to the petitioner and the 4th respondent and after hearing the objections of the 4th respondent, if any and passing orders on the said objections and thereafter, proceed to conduct survey and dispose of the petitioner's application, dated 03.04.2025 within a period of twelve (12) weeks from the date of receipt of copy of this order. In the event of the 1st respondent requiring any police protection, the 1st respondent shall give advance intimation to the 3rd respondent, who shall on any such request made by the 1st respondent, ensure availability of sufficient police personnel to assist the revenue officials at the time of survey.
5. With the above directions, this Writ Petition stands disposed of. No costs.
25.04.2025 NCC:yes/no Index:yes/no 3/5
Internet:yes/no gbg To:
1.The Tahsildar, Theni Taluk Office, Theni District.
2.The Head Surveyor, Taluk Office, Theni, Theni District.
3.The Inspector of Police, Theni Town Police Station, Theni District.
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P.B.BALAJI , J.
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