Karthikeyan, v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI Karthikeyan ... Petitioner Vs.

1.The Tahsildar, Vedachendur Taluk, Dindigul District.

2.The Head Surveyor, Vedachendur Taluk, Dindigul District.

3.The Inspector of Police, Erode Police Station, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 herein to survey and demarcate the four boundaries in respect of the petitioner's property comprised in S.No.728/2I, 728/2J, 728/2K, 728/3A and 735/1A having Patta No.45 to an extent of 2 acre situated at Chittur Village, Vedachendur Taluk and Dindigul District along with the protection of 3rd respondent, by considering the petitioner's Application No: 2025/0123/12/011327 dated 15.04.2025, within the time stipulated by this Court.

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For Petitioner :

Mr.T.Joshua 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

Heard the learned counsel for the parties.

2. The petitioner claims to be the legal heir of the original pattadhar one Angammal who had purchased the property under a registered sale deed, dated 01.11.2000. According to the petitioner, the said Angammal died leaving behind the petitioner's mother as only surviving class-I legal heir and patta also stand mutated in the name of the petitioner's mother. The petitioner has sought for survey in view of the ill-health and advanced age of his mother.

3. Recording the contention of the learned counsel for the petitioner that the petitioner's mother is the sole surviving legal heir of late.Angammal, this writ petition is disposed of, directing the respondents 1 and 2 to proceed to conduct survey and dispose of the petitioner's survey Application, dated 15.04.2025, after giving notice to any adjoining neighbouring land owners, who 2/5

may be interested / affected because of such survey. The 3rd respondent shall also be requested to provide adequate police protection in the event of the first respondent requiring the same. On any such request, the 3rd respondent shall seek necessary police protection to assist the 1st and 2nd respondents to conduct survey peacefully. It is made clear that under the guise of survey, if any parties are found to be in settled possession of the subject lands, then there should be no disposition and the exercise shall be limited only to survey and demarcation of four boundaries. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of copy of this order.

4. With the above directions, this Writ Petition stands disposed of. No costs.

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To:

1.The Tahsildar, Vedachendur Taluk, Dindigul District.

2.The Head Surveyor, Vedachendur Taluk, Dindigul District.

3.The Inspector of Police, Erode Police Station, Dindigul District.

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P.B.BALAJI , J.

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