M.Pandiammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2025

CORAM

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

1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Melur Taluk, 3.The Head Surveyor, Taluk Office, Melur, Madurai District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, direct the respondents to conduct the survey as per Tamilnadu Survey and Boundaries Act, 1923 and fix boundaries in respect of lands comprised in Survey No.399/17B1, 399/18A and 399/17C1A situated at Koothappanpatti Village Group, Melur Taluk, Madurai District, on the basis of 1/6

petitioner's representation dated 14.04.2025, within stipulated time fixed by this Hon'ble Court.

For Petitioner : Mr.P.Ranjithkumar For Respondents : Mr.S.Kameswaran Government Advocate

O R D E R

The petitioner seeks issuance of a Writ of Mandamus to direct the respondents to conduct survey and fix four boundaries in respect of petitioner's lands in Survey No.399/17B1, 399/18A and 399/17C1A situated at Koothappanpatti Village Group, Melur Taluk, 2.The petitioner has also given a representation on 14.04.2025. Learned Counsel for the petitioner Mr.P.Ranjithkumar, would submit that even as early as in the year 2020, the petitioner made an application for survey to be conducted. However, no action was taken thereon and subsequently, on 14.04.2025, the application has been made. He therefore, seeks for expeditious survey to be conducted.

3.However, learned Government Advocate Mr.S.Kameswaran, would submit that the petitioner has made an application online only 2/6

in respect of one survey number namely S.No.399/17C1A and not in respect of the other Survey Nos.399/17B1 and 399/18A. 4.In view of the above, in the event of the petitioner desiring survey for all the three survey numbers, he shall make online application in respect of the remaining survey numbers, in respect of which no online application is made till date, within a period of two [2] weeks from the date of receipt of a copy of this order. On such application being made requesting survey for all three survey numbers, the second respondent shall with the assistance of third respondent, proceed to dispose of the applications of the petitioner for conducting survey. Learned Counsel for the petitioner further states that the neighbouring land owners are objecting to any survey being conducted and he seeks for police protection.

In the event of the second respondent apprehending any breach of peace, the second respondent shall make necessary application to the jurisdictional police officials, who shall ensure availability of sufficient police personnel being posted at the site on the date of survey to prevent any breach of law and order. The said exercise shall be carried out within a period of twelve [12] weeks from the date of the petitioner making online application for the remaining two survey numbers, after notice to the adjoining owners.

required to be paid to the police authorities, for deputing the police personnel for giving protection to the survey officials. 5.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 4/6

To 1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Melur Taluk, 3.The Head Surveyor, Taluk Office, Melur, Madurai District.

5/6

P.B.BALAJI.

, J.

MR 28.04.2025 6/6