Meenal S v. The Thasildhar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.Meenal ... Petitioner Vs.
1.The Thasildhar, Melur Taluk Office, Melur-625106, Melur Taluk, Madurai District.
2.The Head Surveyor, Melur Taluk Office, Melur, Madurai District.
3.The Land Surveyor, Vellalur Birka Surveyer, Melur Taluk Office, Melur, Madurai District.
4.The Inspector of Police, Keelavalavu Police Station, Keelavalavu, Melur Taluk, Madurai District.
... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 to
3 to conduct the survey and directing the fourth respondent police to give the adequate police protection to fix the four boundaries with boundary stone of property in Survey No.444/4B in Kurichippatty Village, Melur Taluk, Madurai District by considering the petitioner survey application No.2025/0123/24/014152 dated 06.04.2025 and the reminder representation dated 19.04.2025 within a time fram that may be stipulated by this Court.
For Petitioner : Mr.N.Mohamed Ayyadurai For R1 to R3 : M/s.K.Malathi, Additional Government Pleader For R4 : Mr.M.Vaikamkarunanithi Government Advocate
ORDER
The petitioner herein seeks a direction to the respondents 1 to 3 to conduct survey of the property situated in Survey No.444/4B in Kurichippatty Village, Melur Taluk, Madurai District, by considering the petitioner's survey application No.2025/0123/24/014152, dated 06.04.2025.
2.It is seen from the typed set of papers that the petitioner has already filed a civil suit in O.S.No.200 of 2024, on the file of the District
Munsif Court, Melur, seeking permanent injunction restraining the defendants therein from interfering with his peaceful possession and enjoyment of the suit properties. In respect of the very same property, the petitioner has filed the present writ petition seeking a direction to the official respondents to survey the property which was shown as suit property in the plaint in O.S.No.200 of 2024. Since, the civil suit is pending between the petitioner and his neighbours, who are objecting to the survey of the property, it is for the petitioner to file appropriate an application before Civil Court seeking survey of the subject property. Therefore, this Court is not inclined to entertain this writ petition. Accordingly, this Writ Petition is dismissed with liberty to the file an appropriate application before the Civil Court seeking survey of the subject property. No costs.
02.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp
To 1.The Thasildhar, Melur Taluk Office, Melur-625106, Melur Taluk, Madurai District.
2.The Head Surveyor, Melur Taluk Office, Melur, Madurai District.
3.The Land Surveyor, Vellalur Birka Surveyer, Melur Taluk Office, Melur, Madurai District.
4.The Inspector of Police, Keelavalavu Police Station, Keelavalavu, Melur Taluk, Madurai District.
S.SOUNTHAR ,J cp W.P.(MD)No.13554 of 2025 03.06.2025