Madras High CourtWP(MD)/24663/2024disposed of

Arumugathai v. The Tahsildar

2024-10-19Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI W.P.(MD) No.24663 of 2024 Arumugathai ... Petitioner /Vs./ 1.The Tahsildar, 2.The Taluk Surveyor, 3.The Sub Inspector of Police, Chinnakovilankulam Police Station, ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to survey and demarcate the petitioner's land measuring 3 cents in the property comprised in Survey No.815/6C3 Sankarankovil South Village, Sankarankovil Taluk, Tenkasi District with the aid of the 3rd respondent, within the time frame fixed by this Court.

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For Petitioner : Mr.R.J.Karthick For Respondents : Ms.K.Malathi Additional Government Pleader

ORDER

The petitioner seeks issuance of Writ of Mandamus to direct the respondents to conduct survey, based on the petitioner's application dated 04.03.2024 and a representation dated 30.07.2024. 2.Earlier, when this writ petition came up for admission before this Court, the learned Additional Government Pleader appearing for the respondents 1 and 2 submitted that the survey was already conducted on 22.05.2024 based on the petitioner's application. However, the learned counsel for the petitioner refuted the said contention of the learned Additional Government Pleader for the responders 1 and 2. 3.This Court, therefore, directed the respondents 1 and 2 to file an affidavit that the survey has already been conducted on 22.05.2024. However, no such affidavit has been filed till date. Therefore, it can be safely concluded that the petitioner's contention that the survey has not 2/5

been conducted is acceptable and sustainable. 4.In the light of the above, the respondents 1 and 2 are directed to dispose of the petitioner's survey application dated 04.03.2024 and the representation dated 30.07.2024 after giving notice to the interested parties and if necessary after giving advance notice to the third respondent, seeking police protection for conducting peaceful survey. The said exercise shall be carried out by the respondents 1 and 2 within a period of 8 weeks from the date of receipt of a copy of this order. 5.With the aforesaid directions, the Writ Petition stands disposed of. No costs.

Index : Yes / No 24.04.2025 NCC : Yes / No mm TO:- 1.The Tahsildar, 3/5

2.The Taluk Surveyor, 3.The Sub Inspector of Police, Chinnakovilankulam Police Station, 4/5

P.B. BALAJI , J.

mm Order made in Dated:

24.04.2025 5/5