Bashkaran v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Bashkaran ... Petitioner Vs.

1.The Tahsildar, 2.The Head Surveyor, 3.The Inspector of Police, Abishekapuram Police Station, 4.Chellaiah 5.Abbas ... Respondents Prayer:- Petition 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 the land and fix the boundary stones in connection with

Town Survey No.117, situated at A.K.Block-20, Ponmalai Kottam, Trichy West Taluk, Trichy District with police protection at the time of survey the land by considering the petitioner's representation dated 21.01.2025.

For Petitioner : Mr.J.Mohamed Ibrahim For R1 & R2 : Mr.M.Gangatharan Government Advocate For R3 : Mr.M.Vaikkam Karunanithi Government Advocate (crl.side)

ORDER

The writ petition is filed seeking a direction to the respondents 1 and 2 to survey the property situated in Town Survey No.117, A.K.Block-20, Ponmalai Kottam, Trichy West Taluk, Trichy District, by considering the petitioner's representation dated 21.01.2025. 2.Heard the arguments of Mr.J.Mohamed Ibrahim, learned counsel appearing for the petitioner, Mr.M.Gangatharan, learned Government Advocate appearing for the respondents 1 and 2 and Mr.M.Vaikkam

Karunanithi, learned Government Advocate (crl.side) appearing for the third respondent. Since no adverse order is passed against the respondents 4 and 5, notice to them is dispensed with. 3.By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

4.According to the petitioner, he claims right over the subject property under a Will executed by his father, dated 14.08.1978. The Town Survey Land Register stands in the name of the petitioner. The petitioner submitted an application on 21.01.2025 before the Commissioner, Tiruchirappalli City Municipal Corporation, seeking survey of the subject property and he has also produced the payment receipt in the typed set of papers. The same has not been considered. Hence, the petitioner has come before this Court. 5.A perusal of the records would indicate that the application submitted by the petitioner before the Trichy City Municipal Corporation is not included in the typed set of papers and the Trichy Corporation has

also been not added as a party in this writ petition. Therefore, this Court is not inclined to issue any positive direction to the respondent in this writ petition. However, the petitioner is at liberty to submit a fresh application before the Trichy City Municipal Corporation seeking survey of the subject property. If any such application is filed, the same shall be considered and appropriate order shall be passed in accordance with law, as expeditiously as possible, after affording reasonable opportunity to the petitioner, private respondents 4 and 5, neighboring land owner and other interested parties. Accordingly, this Writ petition is disposed of. No costs.

28.08.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To 1.The Tahsildar,

2.The Head Surveyor, 3.The Inspector of Police, Abishekapuram Police Station,

S.SOUNTHAR ,J cp W.P.(MD)No.23264 of 2025 Dated: 28.08.2025