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Madras High CourtWP(MD)/12247/2025disposed of

Vellaiammal v. The Tahsildar

2025-04-28Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Vellaiammal .... Petitioner /Vs/

1. The Tahsildar Viralimalai Taluk, Pudukkottai District.

2. The Taluk Surveyor, Viraloor Village, Viralimalai Taluk, Pudukkottai District.

3. Paappathi .... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents 1 and 2 to survey and measure the land and fix the boundaries situated in Survey No. 395/2A2A2A (Old Survey No.395/2A in Viraloor Panchayat, Viralimalai Registration District, Pudukottai District to the extent of of 16.25 ares on the basis of the petitioner's application dated 14.4.2025. For Petitioner : Mr.D.Deepak For R1 & R2 : Mrs.K.Malathi Additional Government Pleader 1/5

ORDER

I have heard Mr.C.Deepak, learned counsel appearing for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondents 1 & 2.

2. The petitioner, based on her purchase and also mutation of patta, has sought for insurance of a writ of mandamus for directing respondents 1 & 2 to survey, measure and fix four boundaries of the petitioner's property.

3. The grievance of the petitioner is that though the petitioner made combined application for patta as well as survey, only the patta application was taken up and subsequently, patta was also issued to the petitioner by the Zonal Deputy Tahsildar on 23.01.2025. This necessitated the petitioner to make a fresh application on 14.04.2025 through online for survey. The petitioner also paid necessary charges. Even according to the petitioner, the third respondent / private party is attempting to interfere with the exercise of survey without having any right.

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4. In the light of the above, the writ petition is disposed of directing the respondents 1 & 2 to conduct survey and dispose of the petitioner's application dated 14.04.2025, within a period of twelve weeks from the date of receipt of a copy of this order. The survey shall be conducted after advance notice being given to the third respondent. In the event of the first respondent requiring any police protection. It shall be open to the first respondent to approach the jurisdictional police officials and seek for the same. No costs.

Index : Yes / No NCC : Yes / No 28.04.2025 am 3/5

To

1. The Tahsildar Viralimalai Taluk, Pudukkottai District.

2. The Taluk Surveyor, Viraloor Village, Viralimalai Taluk, Pudukkottai District.

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P.B. BALAJI , J.

am Order made in Dated:

28.04.2025 5/5