C.Punitha v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.B.BALAJI C.Punitha ... Petitioner vs.
1.The District Collector, District Collectorate, Madurai District.
2.The Superintendent of Police, Madurai District, Madurai.
3.The Tahsildar, Thirupparankundram Taluk Office at Thirunagar, Madurai-625 006.
4.The Inspector of Police, Perungudi Police Station, Madurai District-625 022.
5.The Taluk Surveyor, Thirupparankundram Taluk, Thirupparankundram Taluk Office at Thirunagar, Madurai District.
6.M.Pandi ... Respondents 1/5
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the fifth respondent to conduct survey in the petitioner's property in patta No.1353, S.No.99/3B to an extent of 63 cents, S.No.99/3C to an extent of 32 cents, S.No.99/3D to an extent of 26 cents totally, one acre 21 cents of Periya Alangulam Village, Thirupparankundram Taluk, Madurai District on the basis of the petitioner's representation dated 06.12.2024 and subsequently, directing the fourth respondent to provide adequate protection to the fifth respondent for conducting the survey. For Petitioner : Mr.V.Baskaran For Respondents : Mr.C.Satheesh Government Advocate for R1, R3 & R5 Mr.S.Prakash Government Advocate (Crl. side) for R2 & R4
ORDER
The petitioner seeks survey to be conducted by the fifth respondent pursuant to the petitioner's application dated 06.12.2024. 2.Considering the limited scope of the relief sought for in the writ petition, with the consent of the learned counsel on either side, the writ petition is taken up for final disposal at the stage of admission itself. 2/5
3.Admittedly, the petitioner, having purchased the subject lands in and by a sale deed dated 01.11.2021, has sought for survey to be conducted. The petitioner has also remitted the requisite fees and according to the petitioner, the sixth respondent, owner of the neighboring property, is causing obstructions for the survey being conducted. The petitioner also seeks for police protection. 4.The learned Government Advocate appearing for the official respondents 1, 3 and 5 would submit that the survey would be conducted after putting on notice to the petitioner and the sixth respondent and in the presence of the police officials.
5.Considering the limited prayer sought for by the petitioner, the fifth respondent/Taluk Surveyor shall conduct a survey based on the petitioner's application on 06.12.2024, after informing the fourth respondent in advance to ensure police protection at the time of survey and after putting on notice to the petitioner and the sixth respondent. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. 3/5
6.With the above directions, this Writ Petition is disposed of. No costs. 20.02.2025 sji NCC: Yes/No Index : Yes / No Internet : Yes / No To 1.The District Collector, District Collectorate, Madurai District.
2.The Superintendent of Police, Madurai District, Madurai.
3.The Tahsildar, Thirupparankundram Taluk Office at Thirunagar, Madurai-625 006.
4.The Inspector of Police, Perungudi Police Station, Madurai District-625 022.
5.The Taluk Surveyor, Thirupparankundram Taluk, Thirupparankundram Taluk Office at Thirunagar, Madurai District.
4/5
P.B.BALAJI , J.
sji 20.02.2025 5/5