Rengammal v. The Tahsildar

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 03.06.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR Rengammal ...

Petitioner Vs

1. The Tahsildar, Guziliamparai Taluk, Guziliamparai,

2. The Head Surveyor, Office of Thashildar, Guziliamparai Taluk, Guziliamparai,

3. The Inspector of Police, Guziliamparai Police Station, Guziliamparai, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to survey and demarcate the petitioner's properties comprising in S.Nos.383/3, 383/4 and 396/3C2, Palayam Village, Guziliamparai Taluk, Dindigul District forthwith with police protection, if necessary. 1/6

For Petitioner : Mr.J.Parekh Kumar For Respondents : Mr.M.Gangatharan, Govt. Advocate for R1 & R2 Mr.M.Vaikam Karunanithi, Govt. Advocate for R3

O R D E R

The petitioner seeks a direction to the respondents 1 and 2 to survey and demarcate the petitioner's properties comprising in S.Nos.383/3, 383/4 and 396/3C2, Palayam Village, Guziliamparai Taluk,

2. Heard the arguments of the learned counsel for the petitioner, Mr.M.Gangatharan, learned Government Advocate, who takes notice for the respondents 1 and 2 and Mr.M.Vaikam Karunanithi, learned Government Advocate, who takes notice for the third respondent. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3. According to the petitioner, she purchased the above mentioned 2/6

property under a registered sale deed dated 09.08.2023 and she has been in possession and enjoyment of the said property from the date of purchase. Earlier, the petitioner applied for survey of the property through online and though the respondents issued a notice for survey of the property, the survey has not been completed. Thereafter, at the advice of the respondents, the petitioner again applied for survey of the property on 06.01.2025 vide application No.2025/0123/13/008881. In spite of the same, the respondents have not completed the survey. Hence, the petitioner has come before this Court.

4. When the Writ Petition is taken up for hearing, the learned Government Advocate appearing for the respondents 1 and 2 would submit that due to availability of Karuvelam trees in the subject property, the officials of the respondents 1 and 2 could not conduct survey and it is also stated that if the petitioner removes the Karuvelam trees standing in the subject property to facilitate the proper survey of the same, the respondent would complete the survey within the time fixed by this Court.

5. In view of the submission made by the learned Government 3/6

Advocate appearing for the respondents 1 and 2, the petitioner is directed to remove the Karuvelam trees in the subject property under her possession and facilitate the respondents 1 and 2 to survey the property within a period of two weeks. If the petitioner removes the Karuvelam trees within the time fixed, the respondents 1 and 2 shall consider the application of the petitioner dated 06.01.2025 and complete the survey within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

03.06.2025 Index: Yes/No Internet: Yes/No vsm 4/6

To

1. The Tahsildar, Guziliamparai Taluk, Guziliamparai,

2. The Head Surveyor, Office of Thashildar, Guziliamparai Taluk, Guziliamparai,

3. The Inspector of Police, Guziliamparai Police Station, Guziliamparai, 5/6

S.SOUNTHAR, J.

vsm W.P (MD) No.14986 of 2025 03.06.2025 6/6