Muruganantham.N v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.05.2025
CORAM
THE HONOURABLE MR.JUSTICE P.B.BALAJI N.Muruganantham ... Petitioner Vs.
1.The District Collector, Office of the District Collector, Madurai District.
2.The Tahsildar, Madurai West Taluk, Madurai.
3.The Head Surveyor, Madurai West Taluk Office, Madurai District.
4.The Village Administrative Officer, Vilachery Revenue Village, Madurai West Taluk, Madurai District.
5.The Inspector of Police, H-8-Nagamalai Pudukkottai Police Station, Madurai District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents 1/6
herein to survey and demarcate petitioners property comprised in old R.S.No.78/8A part new Natham Survey No.407/15B having Patta No.3020 to an extent of 0.00.34 Sq Meters situated at Nagamalai Pudukkottai Village, Vilachery Revenue Village, Madurai West Taluk, Madurai District by laying the four boundary stones on the basis of petitioner's Application No.2025/N123/24/010775 in accordance with law within the time stipulated by this Court.
For Petitioner : Mr.P.Mahendran For Respondents : Mr.K.S.Selvaganesan, Addl. Government Pleader for R1 to R4.
Mr.K.Gnanasekaran, Govt. Advocate (Crl. Side) for R5.
ORDER
The learned counsel for the petitioner states that pursuant to the petitioner's application for conducting survey, the officials have fixed the date as 10.05.2025 for conducting survey. The petitioner apprehends that the neighbouring land owners may object while conducting the survey. Hence, he seeks the assistance of the fifth respondent. 2/6
2.In the light of the above, the second respondent shall consider the objections of the adjoining land owners before conducting survey. If the second respondent apprehends any breach of peace, it shall be open to the second respondent to seek the assistance of fifth respondent to ensure that there is no breach of peace at the time of conducting survey. Enquiry shall be conducted within a period of two weeks from 10.05.2025. The survey application of the petitioner shall be disposed of within a period of four weeks thereafter. If the objections of the third parties are not touching the issues of title pertaining the subject survey survey number over which the petitioner claims right, then it is open to the second respondent to proceed to conduct survey by rejecting the objections of the third parties' objections. If objections are touching the issues of title relating to the subject survey numbers, then the second respondent shall be entitled to refuse to conduct survey and parties shall be relegated to the competent Civil Court.
3.This writ petition is disposed of accordingly. No costs. 08.05.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 09.05.2025.
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To:- 1.The District Collector, Office of the District Collector, Madurai District.
2.The Tahsildar, Madurai West Taluk, Madurai.
3.The Head Surveyor, Madurai West Taluk Office, Madurai District.
4.The Village Administrative Officer, Vilachery Revenue Village, Madurai West Taluk, Madurai District.
5.The Inspector of Police, H-8-Nagamalai Pudukkottai Police Station, Madurai District.
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P.B.BALAJI, J.
ias 08.05.2025 6/6