Gopal. M v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.05.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI M.Gopal ... Petitioner Vs.

1.The Tahsildar, Tirunelveli Taluk, Tirunelveli District.

2.The Surveyor, Tirunelveli Taluk, Tirunelveli District.

3.The Inspector of Police, Sivalaperi Police Station, Tirunelveli 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 based on the petitioner's representation dated 30.04.2025 to survey and demarcate the property in Survey No.344/11 measuring 0-1.57 hectare situated in Alangarapperi Village, Tirunelveli Taluk, Tirunelveli District with the aid of the 3rd respondent police, within the time frame fixed by this Court. For Petitioner :

Mr.R.J.Karthick For R-1 and R-2 :

Mr.K.S.Selvaganesan Additional Government Pleader 1/5

For R-3 :

Mr.K.Gnanasekaran Government Advocate (Criminal Side)

O R D E R

Heard Mr.R.J.Karthick learned counsel for the petitioner, Mr.K.S.Selvaganesan, learned Additional Government Pleader for the respondents 1 & 2 and Mr.K.Gnanasekaran, learned Government Advocate (Criminal Side) for the 3rd respondent.

2. The petitioner seeks issuance of writ of mandamus to dispose of the petitioner's survey application dated 30.04.2025.

3. Considering the limited relief sought and with the consent of both the parties, this Writ Petition is taken up for final disposal.

4. The petitioner's survey application is pending from 30.04.2025 and the petitioner also seeks the assistance of the jurisdictional police officials who are impleaded as the 3rd respondent.

5. In the light of the above, this Court directs the respondents 1 and 2 to conduct a survey and demarcate the petitioner's properties and dispose of the 2/5

petitioner's application dated 30.04.2025, after giving advance notice to the third respondent police officials, in the event of 1st respondent apprehending any breach of peace during survey and the adjoining neighbouring land owners shall be put on notice before the survey is conducted and any objections raised shall be heard and disposed of before proceeding with the survey. In the event of objections pertaining to issues of title to the subject lands which are sought to be surveyed, then the 1st respondent would be well within his right to refuse the survey. However, if the objections are frivolous or vexatious, the 1st respondent shall overrule such objections of neighbouring/adjoining land owners and proceed to conclude the survey after giving a period of 4 weeks breathing time to the said objecting land owners to move the competent Civil Court for obtaining interim relief. The exercise of enquiry and survey shall be completed within a period of 12 weeks from the date of receipt of a copy of this order.

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

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To:

1.The Tahsildar, Tirunelveli Taluk, Tirunelveli District.

2.The Surveyor, Tirunelveli Taluk, Tirunelveli District.

3.The Inspector of Police, Sivalaperi Police Station, Tirunelveli District.

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P.B.BALAJI , J.

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