Muthubavani v. The Sub-Collector/Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Muthubavani ... Petitioner /Vs./ 1.The Sub Collector, / Revenue Divisional Officer, Paramakudi Division, Ramanathapuram District.

2.The Tahsildhar, Paramakudi Taluk, Ramanathapuram District.

3.The Head Surveyor, District Survey Office, Collectorate, Ramanathapuram.

4.The Taluk Surveyor, Paramakudi Taluk, Ramanathapuram District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to conduct survey 1/6

and measurement in respect of the land in Survey No.310/7 in Melayakudi Village, Paramakudi Taluk, Ramanathapuram District and to issue survey report to the petitioner within a time frame by this Court. For Petitioner : Mr.K.Naveneetharaja For Respondents : Mrs.S.Jeya Priya Government Advocate

ORDER

The petitioner seeks limited relief of issuance of Writ of Mandamus, to direct the respondents to conduct survey and measurement in respect of the land in Survey No.310/7 in Melayakudi Village, Paramakudi Taluk, Ramanathapuram District.

2. Considering the limited scope of relief sought for by the writ petitioner, with the consent of the learned counsel on either side, the writ petition itself is taken up for final disposal.

3. The petitioner has sought for survey to be conducted in respect of the petitioner's land in Survey No.310/7 in Melayakudi Village, Paramakudi Taluk, Ramanathapuram District and to issue a survey report. 2/6

4. The learned Government Advocate appearing for the official respondents would submit that attempts were already made to survey the petitioner's land, based on the petitioner's application. However, because of the objections raised by neighbouring property owners, survey could not be conducted. Therefore, the learned Government Advocate seeks for necessary police protection at the time of survey.

5. The petitioner's grievance is that despite making an application for survey on two occasions, the survey has not been conducted. Considering the above, the respondents shall fix a date for survey, after prior intimation to the jurisdictional police station and on such application / request being made by the respondents 2 to 4, seeking police protection, the jurisdictional police station, viz., Inspector of Police, Paramakudi Police Police Station, Paramakudi, shall ensure sufficient police force to enable the survey authorities to conduct a survey and file a survey report and issue a copy of the survey report to the petitioner.

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6. It is made clear that in the event of any objections by the neighbouring owners, the respondents 2 to 4 shall also take note of such objections and accordingly, conduct the survey. Considering the fact that the petitioner has made an application even as early as in the year 2023, the entire survey exercise shall be completed within a period of eight (8) weeks from today.

7. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

Index : Yes / No 19.02.2025 NCC : Yes / No LS TO:- 1.The District Collector, District Collector Office, Virudhunagar District.

2.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3.The Thasildar, Kariyapatti Taluk, Virudhunagar District.

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P.B. BALAJI , J.

LS Note: Issue order copy on 26.02.2025 Copy to The Inspector of Police, Paramakudi Police Police Station, Paramakudi Order made in Dated:

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