Madras High CourtWP(MD)/21413/2023disposed of

N.R.Sivasubramanian v. The Tahsildar

2023-09-01Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Mr.N.R.Sivasubramanian ... Petitioner Vs 1.The Tahsildar, Pattukottai Taluk, Thanjavur District.

2.The Head Surveyor, Pattukottai Taluk Office, Pattukottai, Thanjavur District.

3.The Firka Surveyor, Pattukottai Taluk Office, Pattukottai, Thanjavur District.

4.The Sub Inspector of Police, Vattathikottai Police Station, Thanjavur District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct 1/5

the respondents 1 to 3 to survey and demarcate the petitioner's properties comprised in Natham Survey No. 364A/11A to an extent of 0.02.78 and Survey No. 364A/12A to an extent of 0.03.46, Patta No. 2786, situated at Idaiyathi Vadakku, Orathanadu Taluk, Thanjavur District and consequently direct the 4th respondent to provide police protection at the time of survey and demarcate the petitioners properties, by considering the petitioner's representation dated 01.12.2022, within the time frame that may be fixed by this Court.

For Petitioner : Mr.K.Malaimaran For R1 to R3 : Mrs.D.Farjana Ghoushia Special Government Pleader For R4 : Mr.P.Kottaichamy Government Advocate

O R D E R

The petitioner has approached this Court that his application for survey of his land, dated 01.12.2022 has not been considered by the respondents so far.

2.Mrs.D.Farjana Ghoushia, learned Special Government Pleader, who takes notice for the respondents 1 to 3, on instructions submits that there are certain objections to conduct the survey in the 2/5

petitioner's land. Hence, after conducting enquiry as contemplated under Section 10 of the Tamil Nadu Survey and Boundaries Act, 1923, survey would be completed within a reasonable time 3.Considering the submissions made by the learned Special Government Pleader, 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 and conclude the survey within a period of six weeks from the date of receipt of a copy of this order. No costs.

01.09.2023 NCC :Yes/No Index :Yes/No Internet:Yes vrn 3/5

To 1.The Tahsildar, Pattukottai Taluk, Thanjavur District.

2.The Head Surveyor, Pattukottai Taluk Office, Pattukottai, Thanjavur District.

3.The Firka Surveyor, Pattukottai Taluk Office, Pattukottai, Thanjavur District.

4.The Sub Inspector of Police, Vattathikottai Police Station, Thanjavur District.

4/5

B.PUGALENDHI, J.

vrn Order made in 01.09.2023 5/5