Sathish Kumar.N v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Sathish Kumar.N ... Petitioner Vs 1.The Tahsildar, Kodaikanal, Dindigul District.

2.The Head Surveyor, Tahsildhar Office, Kodaikanal, Dindigul District.

3.The Inspector of Police, Kodaikanal Police Station, Dindigul District.

4.Thiayagarajan.J

5. Punithsan

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second Respondent to exercise his lawful duty as a public service, which is deterred and prevented by the Respondents 4 and 5 1/5

and to complete the survey of the Petitioners land in S.No.320/1A Part, 320/1B correlated in Re-survey Ward-D, Block No.13, T.S.No. 74 to an extent of 1.50 Cents situated at Blissvilla 2nd Street, Kodaikanal Town and Taluk, Dindigul District and to direct the third Respondent herein to provide necessary protection. For Petitioner : Mr.P.G.Santhosh Kumar For R1 & R2 : Mr.M.Sarangan Additional Government Pleader For R3 : Mr.P.Kottaichamy Government Advocate

O R D E R

The petitioner has submitted an application for survey of his land and approached this Court that his application has not been considered by this Court.

2.Mr.M.Sarangan, learned Additional Government Pleader, who takes notice for the respondents submits that based on the application of the petitioner, the respondents attempted to survey the petitioner's land, there are certain objections raised by the adjacent land owners. In view of the same, the survey could not be completed.

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3.Considering the rival submissions made, this writ petition is disposed of with a direction to the Survey Officer to conduct an enquiry under Section 10 of the Tamil Nadu Survey and Boundaries Act, 1923 after issuing notice to the adjacent land owners. In the event, if there is any further objections without any valid reasons, the Survey Officer shall obtain police protection and conduct the survey. Such exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs.

09.08.2023 NCC :Yes/No Index :Yes/No Internet:Yes vrn 3/5

To 1.The Tahsildar, Kodaikanal, Dindigul District.

2.The Head Surveyor, Tahsildhar Office, Kodaikanal, Dindigul District.

3.The Inspector of Police, Kodaikanal Police Station, Dindigul District.

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B.PUGALENDHI, J.

vrn Order made in 09.08.2023 5/5