Manikandan v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025
CORAM
THE HONOURABLE MR.JUSTICE P.B.BALAJI Manikandan ... Petitioner Vs.
1.The Revenue Divisional Officer, Uthamapalayam Division, 2.The Tahsildhar, 3.The Head Surveyor, District Survey Office, Collectorate, Theni.
4.The Taluk Surveyor, 5.The Inspector of Police, Kombai Police Station, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents No.1 to 4 to conduct survey and measurement in respect of the land in Survey No.1499/2 located in 1/6
Pannaipuram Village, Uthamapalayam Taluk, Theni District and to issue survey report to the petitioner within a time frame fixed by this Court and consequently direct the fifth respondent to provide adequate police protection for survey. For Petitioner :
Mr.K.NavaneethaRaja For R-1 to R-4 :
Mr.S.Kameswaran Government Advocate For R-5 :
Mr.S.Prakash Government Advocate (Criminal Side)
O R D E R
Heard the learned counsel for the parties.
2. The learned counsel for the petitioner submits that pursuant to an application made for survey in respect of several survey numbers, the officials have already conducted and concluded survey excepting Survey No.1499/2 in Pannaipuram Village, Uthamapalayam Taluk, Theni District. The learned counsel for the petitioner would submit that based on the objections of one Manimaran, the survey was not conducted in respect of the above said survey number. He would therefore seek for direction to be issued for survey to be conducted in the presence of the 5th respondent police officials. 2/6
3. The learned Government Advocate would contend that the said Manimaran had approached the Revenue Divisional Officer seeking cancellation of patta in the name of the petitioner and in and by proceedings, dated 19.03.2025 in Mu.Mu.No.4890/2024/A4, the Revenue Divisional Officer has already rejected the claim of the said Manimaran. Therefore, the learned Government Advocate would submit that the respondents 2 and 3 would dispose of the application insofar as the pending survey no.1499/2.
4. Considering the above developments, this writ petition is disposed of in the following manner:
(i) The 2nd respondent is directed to fix a date for proposed survey to be conducted in respect of lands in Survey No.1499/2 and give advance intimation to the petitioner as well as the 5th respondent and the said Manimaran, whose objections have been rejected by the Revenue Divisional Officer already only to ascertain whether any further revision has been preferred by the said Manimaran and whether any interim orders have been passed in the revision proceedings and not for any other purpose.
3/6
(ii) On the proposed date of survey, the 5th respondent shall ensure availability of sufficient police personnel to ensure that peaceful survey is conducted.
(iii) The entire exercise of conducting survey and providing survey report to the petitioner shall be concluded within a period of twelve (12) weeks from the date of receipt of copy of this order.
5. With the above directions, this Writ Petition stands disposed of. No costs.
29.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg To:
1.The Revenue Divisional Officer, Uthamapalayam Division, 2.The Tahsildhar, 4/6
3.The Head Surveyor, District Survey Office, Collectorate, Theni.
4.The Taluk Surveyor, 5.The Inspector of Police, Kombai Police Station, 5/6
P.B.BALAJI , J.
gbg 29.04.2025 6/6