Madras High CourtWP(MD)/14030/2025disposed of

V.Kalimuthu v. The Tahsildar

2025-05-08Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.05.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI V.Kalimuthu .... Petitioner /Vs/

1. The Tahsildar Sankarankovil Taluk, Tenkasi District.

2. The Surveyor Sankarankovil Taluk, Tenkasi District.

3. The Inspector of Police Panavadalichathiram Police Station, Tenkasi District.

.... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to survey and demarcate the property in survey number 1485/1 survey number 1485/3 and survey number 1485/2A totally measuring to an extent of 0.20.25 Ares situated in Keelaneelithanallur Village, Sankarankovil Taluk Tenkasi District with the aid of the 3rd respondent police within the time frame fixed by this Court.

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For Petitioner : Mr.R.J.Karthick For Respondents : M/s. P.B.Ahamed Yasim Barvin Government Advocate for R1&2 : Mr.K.Gunasekaran Government Advocate (Crl.side) for R3

ORDER

The petitioner having made an application for survey on 29.04.2025 seeks issuance of writ of mandamus to dispose of the said application to conduct survey and demarcate the petitioner's property with the assistance of the third respondent.

2. I have heard the learned counsel on either side.

3. Considering the limited relief sought for by the writ petitioner, the writ petition is disposed of directing the respondents 1 and 2 to dispose of the petitioner's survey application dated 29.04.2025 on merits and in accordance with law, after giving notice to any interested neighboring land owners and any objections of the said neighboring land owners shall also be considered and disposed of before taking a final 2/4

decision to proceed to conduct survey. The first respondent is entitled to seek assistance of the 3rd respondent police in the event of apprehending any breach of peace. At the time of survey subject to the decision taken during enquiry while dealing with the objections if any of the adjoining land owners. The said exercise shall be carried out within a period of 8 weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

Index : Yes / No NCC : Yes / No 08.05.2025 am To

1. The Tahsildar Sankarankovil Taluk, Tenkasi District.

2. The Surveyor Sankarankovil Taluk, Tenkasi District.

3. The Inspector of Police Panavadalichathiram Police Station, Tenkasi District.

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P.B. BALAJI , J.

am Order made in Dated:

08.05.2025 4/4