Chinnakaruppan v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA Chinnakaruppan .. Petitioner Vs.
1.The Tahsildar, Madurai East Taluk, Madurai District.
2.The Head Surveyor, Madurai East Taluk, Madurai District.
3.The Inspector of Police, Silaiman Police Station, Madurai East Taluk, Madurai District.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 1st and 2nd respondents to survey the petitioner's land in Survey No. 103/31 respectively situated at Sakkimangalam I - Bit Village, Madurai East Taluk, Madurai District and to fix its boundaries as per revenue records by obtaining adequate police protection from the 3rd respondent police based on the petitioner's online application, dated on 13.02.2024 within
the period that may be stipulated by this Court. For Petitioner :
Mr.G.Chezhiyan For R1 & R2 :
Mr.B.Saravanan Additional Government Pleader For R3 :
Mr.K.Sanjay Gandhi Government Advocate(Crl.Side)
ORDER
This writ petition is filed for a mandamus to direct the respondents 1 and 2 to conduct survey and demarcate the boundaries of the property in Survey No.103/31 situated at Sakkimangalam I - Bit Village, Madurai East Taluk, Madurai District as per revenue records by obtaining adequate police protection from the 3rd respondent police based on the petitioner's online application, dated on 13.02.2024.
2. The case of the petitioner is that the petition mentioned property belongs to him and he is in possession and enjoyment of the property and he also holds a separate patta in Patta No.79 in his name. On 13.02.2024, the petitioner has paid necessary fee to the Commissionerate of Survey and Settlement for conducting survey in the said property. Thereafter, he
has sent a representation on 27.06.2024. Since the representation did not evoke any response, the petitioner has approached this Court.
3. Heard the learned counsel on either side.
4. Considering the request of the petitioner and also the fact that the petitioner has made his representation as early as in February, 2024, a Mandamus is issued to the respondents 1 and 2 to conduct survey and mark the boundaries in the petition mentioned property. If there is any law and order problem, the revenue officials shall seek police protection. In such circumstances, the 3rd respondent is directed to provide police protection to the revenue officials for conducting survey and demarcation. The petitioner shall submit all the relevant records to show her title to the property and the respondents 1 and 2 shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter proceed to pass orders either surveying and demarcating the property or rejecting the request. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be
completed within a period of six (6) weeks from the date of receipt of a copy of this order.
5. With the above directions, this Writ Petition stands allowed. No costs.
13.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The Tahsildar, Madurai East Taluk, Madurai District.
2.The Head Surveyor, Madurai East Taluk, Madurai District.
3.The Inspector of Police, Silaiman Police Station, Madurai East Taluk, Madurai District.
P.T.ASHA, J.
gbg 13.08.2024