Madras High Court
S.Nivedhana vs The Tahsildar on 14 February, 2025
W.P.(MD) No.3915 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.B.BALAJI
W.P.(MD) No.3915 of 2025
1.S.Nivedhana
2.S.Nitish Kanna
3.J.Jagadees Chandran
rep., through their power of attorney
J.Majorama ... Petitioners
Vs.
1.The Tahsildar,
Tirumangalam Taluk,
Madurai District.
2.The Taluk Head Surveyor,
O/o Tahsildar,
Tirumangalam Taluk,
Madurai District.
3.The Inspector of Police,
Town Police Station,
Tirumangalam Town, Madurai District.
4.S.Vimalraj
5.S.Vijayendran
6.S.Yogaraj ... Respondents
1/6
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W.P.(MD) No.3915 of 2025
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, to direct the second respondent to survey the
petitioners' patta lands situated in an extent of 10 ares & 73 sq.meters in S.No.
4/100, 3 ares & 40 Sq.meters in S.No.4/20A2 and 8 ares and 7 sq.meters in S.No.
4/21 in Block No.10, A.Sengulam Ward, Tirumangalam, Madurai District and fix
the boundary stones by providing adequate police protection based on the
petitioner's representation dated 25.01.2025 within the stipulated time prescribed
by this Court.
For Petitioners : Mr.T.Aswin Raja Simman
For R1 & R2 : Mrs.S.Jeyapriya
Government Advocate
For R3 : Mr.S.Prakash
Government Advocate (crl.side)
ORDER
The writ petitioners are represented through their power of attorney,
J.Majorama.
2. The writ petitioners seek issuance of a Writ of Mandamus to survey their
property and fix boundaries stones. The petitioners had made an application on
25.09.2023 and proceedings were also initiated for conducting the survey. On
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01.11.2023, the second respondent issued notice regarding the survey to be
conducted, but in view of the objection and threat issued by the respondents 4 to
6, the officials cound not conduct the survey as contemplated. Thereafter, the
petitioners issued another notice on 16.11.2023 calling upon the official
respondents to conduct a survey and since no action was taken on the said
notices, further representation to the second respondent for survey was made on
22.01.2025 and it was followed up with a second representation dated
25.01.2025. The latest representation is what is thought to be disposed of in the
present petition.
3. Heard both sides.
4. The learned counsel for the petitioners would invite my attention to the
decree in O.S.No.385 of 2022 filed by the petitioners' vendors on the file of the
learned IV Additional District Judge, Madurai, where the learned District Judge in
and by judgment dated 05.02.2024 set aside the sale deed dated 02.05.1985 in
Doc No.911/1985, under which the respondents 4 to 6 in the writ petition are
objecting to the survey. It is noted that the respondents 4 to 6 in the present writ
petition were defendants 5 to 7 in the said suit. The learned counsel for the
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petitioners also submits that the said judgment and decree has become final and
there is no further appeal filed at the instance of the defendants in O.S.No.385 of
2022.
4. In view of the above, there is no legal impediment for the first and
second respondents to conduct survey of the petitioners' land as requested by the
petitioners. This Writ Petition is therefore allowed with a direction to the
respondents 1 and 2 to carry-out the survey on the petitioners' patta land as
requested in their various representations culminating in the last representation
dated 25.01.2025, after putting on notice to the respondents 4 to 6 and also taking
assistance of the third respondent, in the event of there being any apprehension of
law and order problem arising at the time of survey. The said exercise shall be
completed within a period of twelve (12) weeks from the date of receipt of the
copy of the order.
No costs.
14.02.2025
Rmk (1/2)
NCC: Yes/No
Index : Yes / No
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To
1.The Tahsildar,
Tirumangalam Taluk,
Madurai District.
2.The Taluk Head Surveyor,
O/o Tahsildar,
Tirumangalam Taluk,
Madurai District.
3.The Inspector of Police,
Town Police Station,
Tirumangalam Town, Madurai District.
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P.B.BALAJI, J.
Rmk
14.02.2025
(1/2)
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