D.Annadurai v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI D.Annadurai ... Petitioner versus
1. The Revenue Divisional Officer, Lalgudi, Trichy District.
2. The Tahsildar, Mannachanallur Taluk Office, Trichy District.
3. The Surveyor, Mannachanallur Taluk Office, Trichy District.
4. The Superintendent of Police, Office of the Superintendent of Police, Trichy.
5. The Inspector of Police, Kollidam Police Station, Trichy District.
... Respondents 1/5
Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents 1 to 3 to survey the petitioner's land with the help of 5th respondent herein and mark necessary boundaries for petitioner's property measuring 15 cents bearing Survey No.126/4G1A in the limits and jurisdiction of Bikshandarkoil Villages which lies in Manachanallur Taluk, Trichy District.
For Petitioner : Mr.B.Karthikeyan For R1 to R3 : Mr.G.V.Vairam Santhosh, Additional Government Pleader For R4 and R5 : Mr.P.Kottaichamy, Government Advocate (Crl. side)
ORDER
The petitioner has submitted an application dated 18.04.2023 to the second respondent, for surveying his land in Survey No.126/4G1A situated at Bikshandarkoil Village, Manachanallur Taluk, Trichy District. Since the said application has not been considered, the present writ petition has been filed.
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2. Mr.G.V.Vairam Santhosh, learned Additional Government Pleader, who takes notice for the respondents 1 to 3, on instructions, submits that based on the petitioner's application, when the survey officials attempted to survey the land, at that time, the adjacent land owners have raised certain objection and therefore, survey could not be completed.
3. If there is any objection from the adjacent land owners, the Survey Officer is expected to issue a notice to them and thereafter, he has to take a decision.
4. Accordingly, this writ petition is disposed of with a direction to the respondents 2 and 3 to issue a notice to the objectors, as per Section 10 of the Tamil Nadu Survey and Boundaries Act, 1923 and thereafter, take a decision in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. If anybody 3/5
is taking the law on his own hands, it is always open to the Survey Officials to seek police protection from the concerned Police Officials. No costs.
24.08.2023 ogy NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
To
1. The Revenue Divisional Officer, Lalgudi, Trichy District.
2. The Tahsildar, Mannachanallur Taluk Office, Trichy District.
3. The Surveyor, Mannachanallur Taluk Office, Trichy District.
4. The Superintendent of Police, Office of the Superintendent of Police, Trichy.
5. The Inspector of Police, Kollidam Police Station, Trichy District.
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B.PUGALENDHI, J.
ogy 24.08.2023 5/5