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Madras High CourtWP(MD)/13546/2025disposed of

Kannan P v. The Tahsildar

2025-06-02Honourable Mr Justice S. Sounthar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR P.Kannan ... Petitioner Vs.

1.The Tahsildar, Taluk Office, Thuraiyur, Trichy District.

2.The Surveyor, Office of Surveyor, Thuraiyur, Trichy District.

3.The Inspector of Police, Uppliyapuram Police Station, Uppliyapuram, Trichy District.

4.Palaniyandi 5.Gokila ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the first respondent

to direct the second respondent to survey the property in Survey No.42/7 an extent of 20 cents, Survey No.42/10A an extent of 10 cents, Survey No.42/11 an extent of 2 3⁄4 cents and Survey No.42/9A an extent of 2.45 cents in Eragudi Majara Vadakupatti Village, Thuraiyur Taluk, Trichy District along with necessary police protection by the third respondent as per the registered sale deed Document No.749/2018 dated 03.05.2018 by considering the petitioner's survey petition dated 23.01.2025 and for such other reliefs, within the period stipulated by this Court. For Petitioner : M/s.SK.Pavithra For R1 & R2 : M/s.K.Malathi Additional Government Pleader For R3 : Mr.M.Vaikkam Karunanithi, Government Advocate

ORDER

The petitioner herein seeks a direction to the respondents 1 and 2 to conduct survey of the properties situated in Survey Nos.42/7, 42/10A, 42/11 and 42/9A in Eragudi Majara Vadakupatti Village, Thuraiyur Taluk, Trichy District, by considering his application dated 23.01.2025 seeking survey of the above mentioned lands.

2. According to the petitioner, he purchased the above mentioned lands under a registered sale deed dated 03.05.2018. Since the petitioner has got some trouble with the respondents 4 and 5, he submitted an application on 07.10.2024 seeking survey of the property purchased by him. It is also stated that he paid requisite fee for the survey of the property. However, the said application has not been considered. Hence, the petitioner is before this Court.

3.M/s.K.Malathi, learned Additional Government Pleader takes notice for the respondents 1 and 2. Mr.M.Vaikkam Karunanithi, learned Government Advocate takes notice for the third respondent. 4.The learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that when the official respondents went to the property to conduct the survey, the private respondents 4 and 5 objected and hence, the survey could not be completed. 5.In view of the submissions made by the learned Additional Government Pleader, without going into the merits of the claim made by

the petitioner, the first respondent is directed to issue notice to the petitioner and the respondents 4 and 5 on the application submitted by the petitioner dated 23.01.2025, conduct an enquiry and pass final orders on its own merits within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, this Writ Petition is disposed of. No costs.

02.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To 1.The Tahsildar, Taluk Office, Thuraiyur, Trichy District.

2.The Surveyor, Office of Surveyor, Thuraiyur, Trichy District.

3.The Inspector of Police, Uppliyapuram Police Station, Uppliyapuram, Trichy District.

S.SOUNTHAR ,J cp W.P.(MD)No.13546 of 2025 Dated: 02.06.2025