Shanmugavel v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Shanmugavel ... Petitioner Vs.
1.The Tahsildar, Taluk Office, Vilathikulam Taluk, Thoothukudi Distirct.
2.The Firka Surveyor, Vilathikulam Firca, Taluk Office, Vilathikulam, Thoothukudi Distirct.
3.The Inspector of Police, Vilathikulam Police Station, Thoothukudi Distirct.
4. Varadharajan
5. Ponnuthevar
...Respondents
PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the Respondents 1 and 2 to survey and demarcate the properties comprised in Survey No.9/6A, to an extent of 2 Acres 73 Cents, standing in the Petitioner's name along with his wife Sornathayammal, situated at vilathikulam, Thoothukudi District and also direct the 3rd respondent to provide adequate Police Protection at the time of 1/4
surveying and demarcating the Petitioners land, fix the boundaries enabling the Petitioner to put up a fence, based on the representation dated 09.09.2021, within the time frame that may be fixed by this Court. For Petitioner : Mr.R.Murugan For R1 & R2 : Mr.K.S.Selvaganesan Additional Government Pleader For R3 : Mr.R.Sivakumar Government Advocate (Crl.side) For R4 & R5 : Mr.V.Nagarajan O RDER This writ petition has been filed for the issue of writ of mandamus directing the first and second respondents to survey and demarcate the subject property based on the representation made by the petitioner on 09.09.2021. 2.
When the matter is taken up for hearing today, the learned Additional Government Pleader appearing for the first and second respondents based on the written instructions received from the first respondent, submitted that steps were taken to survey the property and at that time, the petitioner raised some objections and therefore, no further action was taken. 3.The petitioner is claiming right by virtue of title documents. Patta was also granted in her favour.
which survey has to be conducted, are available and those documents clearly provide boundaries to the property. Therefore, the respondents will have to necessarily survey the property based on the title documents and patta issued to the petitioner.
4.In light of the above discussion, there shall be a direction to the first and second respondents to deal with the representation submitted by the petitioner, conduct survey based on the title documents and the patta issued in favour of the petitioner and demarcate the property by fixing boundaries. This exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.
5.This Writ Petition is disposed of in the above terms. No costs. 09.11.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No ta 3/4
N.ANAND VENKATESH, J.
ta To 1.The Tahsildar, Taluk Office, Vilathikulam Taluk, Thoothukudi Distirct.
2.The Firka Surveyor, Vilathikulam Firca, Taluk Office, Vilathikulam, Thoothukudi Distirct.
3.The Inspector of Police, Vilathikulam Police Station, Thoothukudi Distirct.
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