Vaiyapuri Mudhaliyar v. The Tashildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD).No.17113 of 2023 Vaiyapuri Mudhaliyar ... Petitioner Vs 1.The Tashildar, Pattukottai Taluk, Thanjavur District.

2.The Taluk Surveyor, Pattukotai Taluk, Thanjavur District.

3.The Inspector of Police, Pattukottai Taluk Police Station, Pattukottai, Thanjavur 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 & 2 to carry out the measurement in respect of house site land bearing survey number 58/4B2 admeasuring an extent of 0.08.5 Ares situated at 08. Veppankadu Village, Pattukottai Taluk, Thanjavur 1/5

District based on the petitioners application dated 06.06.2023 and consequently direct the third respondent to give adequate police protection for the above said measurement within the time stipulated by this Court.

For Petitioner : Mr.D.R.Murugesan For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader

O R D E R

The petitioner has applied for survey of his land in Survey Number 58/4B2 to an extent of 0.08.5 Ares, situate at 08. Veppankadu Village, Pattukottai Taluk, Thanjavur District on 06.06.2023 along with necessary fee and has filed this writ petition that his application has not been considered so far.

2.Mrs.D.Farjana Ghoushia, learned Special Government, who takes notice for the respondents, on instructions submits that certain objections have been raised by one Ayyadurai for survey of the petitioner's land and on account of the dispute, a police complaint has been lodged.

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3.In reply to the submissions of the learned Special Government Pleader, the learned counsel appearing for the petitioner submits that the petitioner's cousin has raised objections without any basis and therefore, the petitioner has submitted an application for police protection to survey his land.

4.Considering the rival submissions made, this writ petition is disposed of with a direction to the second respondent to cause notice to the adjacent land owners and other interested parties under Section 10(1) of the Tamil Nadu Survey and Boundaries Act, 1923, conduct an enquiry and shall survey the land within a period of six weeks from the date of receipt of a copy of this order. No costs. 17.07.2023 NCC : Yes / No.

Index : Yes / No.

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To 1.The Tashildar, Pattukottai Taluk, Thanjavur District.

2.The Taluk Surveyor, Pattukotai Taluk, Thanjavur District.

3.The Inspector of Police, Pattukottai Taluk Police Station, Pattukottai, Thanjavur District.

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B.PUGALENDHI, J.

vrn Order made in WP(MD).No.17117 of 2023 17.07.2023 5/5