Govindaraj K v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA K.Govindaran .. Petitioner Vs.
1.The Tahsildar, Thuraiyur Taluk, Trichy District.
2.The Head Surveyor, Thuraiyur Taluk, Trichy District.
3.The Inspector of Police, Uppiliyapuram Police Station, Thuraiyur Taluk, Trichy 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 Nos.328/19 and 328/4 respectively situated at Alathudaiyanpatti Village, Thuraiyur Taluk, Trichy District and to fix its boundaries as per revenue records by obtaining adequate police protection from the 3rd respondent police 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
ORDER
This writ petition is filed for a mandamus to direct the 1st and 2nd respondents to conduct survey and mark the boundaries of the property comprised in Survey Nos.328/19 and 328/4 situated in Alathudaiyanpatti Village, Thuraiyur Taluk, Trichy District as per revenue records by obtaining adequate police protection from the 3rd respondent police.
2. The case of the petitioner is that the petition mentioned property originally belonged to his father one Krishnan Nayakkar. After the demise of his father, the petitioner is in possession and enjoyment of the property with consent of his siblings. On 14.06.2023, the petitioner had made an application and paid necessary fee for conducting survey in the said property. Since no further action has been taken on the side of the
respondents, the petitioner has sent a detailed representation on 21.06.2023 for surveying the property. Since the representations 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 June, 2023, a Mandamus is issued to the respondents 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 his title to the property and the respondents 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.
16.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The Tahsildar, Thuraiyur Taluk, Trichy District.
2.The Head Surveyor, Thuraiyur Taluk, Trichy District.
3.The Inspector of Police, Uppiliyapuram Police Station, Thuraiyur Taluk, Trichy District.
P.T.ASHA, J.
gbg 16.08.2024