Senthil A v. District Commissioner Of Survey And Settlement
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.B.BALAJI A.Senthil ... Petitioner versus
1. District Commissioner of Survey and Settlement, Commissioner of Survey and Land Revenue Office, Trichy District.
2. The Tahsildar, Tahsildar Office, Trichy District.
3. The Assistant Surveyor, Tahsildar Office, Thuraiyur Taluk, Trichy District.
4. The Superintendent of Police, Superintendent Police Office, Trichy District.
5. The Inspector of Police, Thuraiyur Police Station, Trichy District.
6. Ganesan ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the 1st to 3rd respondents herein to conduct survey and fix the boundary stones for the 1/5
petitioner's property, comprised in Patta No.61, Old Survey No.550, New Survey No.749/16 in 0.00.69 hectares, situated at Keerambur Village, Thuraiyur Taluk, Trichy District, by considering the petitioner's representation dated 25.02.2025 and consequently, direct the 4th and 5th respondents to provide police protection on the date of survey of the petitioner's land. For Petitioner : M/s.P.Neelavathi For R1 to R3 : Mr.B.Saravanan Additional Government Pleader For R4 and R5 : Mr.S.Prakash Government Advocate (Crl. Side)
ORDER
The petitioner seeks issuance of a Writ of Mandamus to direct the respondents 1 to 3 to conduct survey and dispose of the petitioner's application dated 06.11.2024.
2.Considering the fact that the petitioner's request is based on patta issued in his name, the writ petition is disposed of, directing the respondents 2 & 3 to conduct enquiry and pass final orders on the petitioner's application dated 06.11.2024. If any objection is made by the sixth respondent, the same shall be heard before the survey shall be conducted and the objection shall be either rejected or sustained,depending on the claims of the sixth respondent. In the event of the sixth respondent's objections being sustained then, the survey shall be refused and it shall be open to the aggrieved parties to approach the competent authority. If however the sixth respondent's objections are not touching issues of title pertaining to the subject lands, the said objections 2/5
can be overruled and the survey shall be proceeded with, giving breathing time of four weeks to the sixth respondent to approach competent Civil Court and obtain any interim relief. In the event of the second respondent requiring any police protection, the second respondent shall make necessary advance request to the fifth respondent, who shall ensure availability of sufficient police persons at the site on the date of survey to ensure the peaceful survey. The cost of such police personnel being deputed shall be met by the petitioner.
3. The learned Additional Government Pleader would also invite my attention to the joint patta, which is mutated in Patta No.61. The petitioner shall procure the consent affidavit of remaining pattadhars and produce the same before the Tahsildar, within a period of two weeks from the date of receipt of a copy of this order. The entire exercise shall be carried out within a period of twelve weeks, thereafter.
4. With the above direction, the writ petition is disposed of. No costs.
29.04.2025 am Index : Yes / No.
Internet : Yes / No.
NCC : Yes / No.
3/5
To
1. District Commissioner of Survey and Settlement, Commissioner of Survey and Land Revenue Office, Trichy District.
2. The Tahsildar, Tahsildar Office, Trichy District.
3. The Assistant Surveyor, Tahsildar Office, Thuraiyur Taluk, Trichy District.
4. The Superintendent of Police, Superintendent Police Office, Trichy District.
5. The Inspector of Police, Thuraiyur Police Station, Trichy District.
4/5
P.B.BALAJI , J.
am 29.04.2025 5/5