Nagarajan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Nagarajan ... Petitioner versus

1. The Tahsildar, Dindigul East Taluk, Dindigul District.

2. The Taluk Surveyor, Dindigul East Taluk, Dindigul District.

3. The Inspector of Police, Dindigul Taluk Police Station, Dindigul.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents, more particularly, the respondents 1 and 2 to measure, fix four boundaries and to erect boundary stones as per memo by surveying the properties in Survey Nos.813/1B, 813/2, 813/3B, 813/6B & 813/7A situated at Adiyanoothu Village, Dindigul East Taluk, 1/4

Dindigul District under the provisions of the Tamil Nadu Survey and Boundaries Act, 1923 in compliance to the letters dated 18.05.2023 and 06.06.2023 addressed by the 1st respondent to the 3rd respondent. For Petitioner : Mr.D.Venkatesh For R1 and R2 : Ms.D.Farjana Ghoushia, Special Government Pleader For R3 : Mr.P.Kottaichamy, Government Advocate (Crl. side)

ORDER

The petitioner has submitted an application through on-line on 28.03.2023 for sub-division of properties and also for transfer of patta. Since the same has not been considered by the first respondent, the petitioner is before this Court.

2. Ms.D.Farjana Ghoushia, learned Special Government Pleader, who takes notice for the respondents 1 and 2, submits that based on the petitioner's application, the respondent officials along with police officials went to the spot for conducting survey, at that time, one Parasuraman raised certain objections and therefore, survey could not 2/4

be completed.

3. In view of the said submission, this writ petition is disposed of with a direction to the respondents 1 and 2 to conduct survey, after issuing notice to the objectors and adjacent land owners and thereafter, take a decision in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. If any police protection is required by the survey officials while conducting survey, the first respondent shall make necessary application before the third respondent seeking police protection. If any such application is given by the first respondent, the third respondent shall consider the same and give police protection during survey. No costs. 09.08.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

3/4

B.PUGALENDHI, J.

ogy To

1. The Tahsildar, Dindigul East Taluk, Dindigul District.

2. The Taluk Surveyor, Dindigul East Taluk, Dindigul District.

3. The Inspector of Police, Dindigul Taluk Police Station, Dindigul.

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