Selvaraj V v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI V.Selvaraj .... Petitioner /Vs/

1. The Thasildar Thanjavur Taluk, Thanjavur District.

2. The Head Surveyor Kurungulam, Ramapuram Division, Thanjavur District.

3. The Inspector of Police Vallam Police Station, Thanjavur District.

4. Devendran

5. Selvaraj

6. Mahamayee .... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to give police protection to facilitate the 1st and 2nd respondents to survey the land in 1/5

S.Nos.181/2,181/4 and 181/5 and to fix the four boundaries of Nagappaudayanpatti, Kurugulam Keelpaadhi Revenue Village, Thanjavur Taluk, Thanjavur District based on the petitioner application dated 03.01.2025.

For Petitioner : Mr.A.Arun Prasad For R1 & R2 : Mr.S.Kameswaran Government Advocate For R3 : Mr.S.Prakash Government Advocate (Crl.side)

ORDER

The petitioner seeks issuance of a Writ of Mandamus to direct the respondents 1 & 2 with the assistance of the third respondent police officials conduct survey and dispose of the petitioner's application dated 03.01.2025.

2. The petitioner and his wife are the owners of lands in survey numbers 181/2, 181/4 and 181/5. The petitioner, in order to fix the four boundaries of the properties, has sought for survey. He has also arrayed the private respondents 4 to 6 as parties in the writ petition. 2/5

3. In the light of the above, the respondents 1 & 2 are directed to conduct survey and dispose of the petitioner's application dated 03.01.2025, after fixing the date for proposed survey and giving advance notice to third respondent as well as private respondents 4 to 6. The third respondent shall ensure adequate police protection. In the event of such requirement arising as indicated by the first respondent, any charges payable for deputing police officials, for the survey exercise, shall be met by the petitioner. The objections of the respondents 4 to 6 shall also be heard and disposed of in accordance with law, before the first respondent takes the call with regard to surveying the property of the petitioner.

If however, the respondents 4 to 6 raise any issues which touch the title, relating to the subject lands, then the first respondent shall be entitled to refuse survey and direct the parties to approach the competent civil court for relief. If however, the objections are not pertaining to title, but only frivolous and vexatious objections by adjoining neighbouring owners, then the said objections shall be overruled and survey shall be proceeded. The entire exercise shall be carried out within a period of sixteen weeks from the date of receipt of a copy of this order.

4. With the above directions, the writ petition is disposed of. No costs.

Index : Yes / No NCC : Yes / No 29.04.2025 am To

1. The Thasildar Thanjavur Taluk, Thanjavur District.

2. The Head Surveyor Kurungulam, Ramapuram Division, Thanjavur District.

3. The Inspector of Police Vallam Police Station, Thanjavur District.

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P.B. BALAJI , J.

am Order made in Dated:

29.04.2025 5/5