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Nandhakumar v. The District Collector

Madras HC13 Feb 2025WP(MD)/3784/2025

Case brief

AI extract

What is this about?

mandamus under Article 226; survey and fixation of boundaries; Tahsildar Madurai East Taluk directed to survey within twelve weeks; online application and fee paid 09.01.2025; representation 23.09.2022 not followed up; sister's writ petition allowed 20.12.2022; police protection by Inspector of Police Appan Thiruppathi Police Station during survey; S.No.45/1B, 45/5B, 45/6 Kallanthiri 2nd Bit; Nandhakumar v. District Collector Madurai; W.P.(MD) No.3784 of 2025; disposed of; no costs.

What did the court decide?

Writ petition disposed of with directions: third respondent/Tahsildar to survey and demarcate the petitioner's property boundaries per his online application dated 09.01.2025 within twelve weeks of receipt of the order; Tahsildar/Surveyor may request the fifth respondent for police protection during survey, which shall be provided. No costs.

Nandhakumar Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents should survey the petitioner's lands and fix the boundaries in respect thereof pursuant to his representation/online application. +1 more

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Court's answer

The third respondent/Tahsildar is directed to conduct a survey and demarcate the boundaries of the petitioner's property in terms of his online application dated 09.01.2025, within a period of twelve weeks from the date of receipt of a copy of the order.

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Ratio / Principle

If the third respondent/Tahsildar and the fourth respondent/Surveyor deem police protection necessary at the time of survey, they shall make a request to the fifth respondent, who shall provide necessary protection.

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Detailed headnote1 paragraphs

Madras High Court, Madurai Bench (P.B. Balaji, J.), W.P.(MD) No.3784 of 2025, decided 13.02.2025: Petitioner sought a Writ of Mandamus under Article 226 directing respondents 1-4 to survey his lands and fix boundary stones in S.No.45/1B (0.39.0 hectares), S.No.45/5B (9.09.50 hectares) and S.No.45/6 (0.28.50 hectares) at Kallanthiri 2nd Bit, Madurai East Taluk, based on his representation. The Court noted an unattended representation of 23.09.2022, the allowance of the sister's connected writ on 20.12.2022 without any resulting survey, and that the online application with requisite fee was made only on 09.01.2025. Taking up the petition for final disposal with consent, it directed the Tahsildar (R3) to survey and demarcate the boundaries per the 09.01.2025 online application within twelve weeks of receipt of the order; where the Tahsildar/Surveyor deem police protection necessary, the Inspector of Police (R5) shall provide it on request. Disposed of. No costs.

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W.P.(MD) No.3784 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED:13.02.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE P.B.BALAJI

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W.P.(MD) No.3784 of 2025

Nandhakumar

... Petitioner

vs.

1.The District Collector, Madurai District, Madurai.

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2.The District Revenue Officer, Madurai District, Madurai.

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3.The Tahsildar, Madurai East Taluk, Madurai District.

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4.The Surveyor, Taluk Office, Madurai East Taluk, Madurai District.

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5.The Inspector of Police, Appan Thiruppathi Police Station, Madurai District.

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6.Malaichamy

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... Respondents

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1/6

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https://www.mhc.tn.gov.in/judis

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PRAYER:

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W.P.(MD) No.3784 of 2025

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 to 4 to survey the petitioner's property and fix boundary stones in respect of S.No.45/1B to an exent of 0.39.0 hectares, survey No.45/5B to an extent of 9.09.50 hectares, S.No.45/6 to an extent of 0.28.50 hectares situated at Kallanthiri 2^nd Bit, Madurai East Taluk, Madurai Distrtict under the supervision of the fifth respondent for surveying the land on the basis of the petitioner's representation dated 17.09.2024, within a time frame to be stipulated by this Court.

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For Petitioner : Mr.P.Krishnasamy

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For Respondents : Mr.B.Saravanan

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Additional Government Pleader for R1 to R4

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Mr.S.Prakash Government Advocate (Crl. side) for R5

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ORDER

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The petitioner has filed the instant writ petition seeking the respondents to survey and fix the boundaries in respect of his lands. Though the petitioner made a representation for survey wayback on 23.09.2022, thereafter, the petitioner also appears to have not followed up the matter.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.3784 of 2025

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2.It is also contended by the learned counsel for the petitioner that the writ

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petition filed by the sister was allowed by this Court on 20.12.2022, directing the authorities to conduct a survey and fix the boundaries. However, even thereafter, no survey has been conducted and hence the present writ petition has been filed.

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3.Considering the limited scope of the relief sought for in the writ petition,

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with the consent of the learned counsel on either side, the writ petition itself is taken up for final disposal.

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4.It is seen from the affidavit that though there has been a representation

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made to the authorities on 23.09.2022, the online application and payment of requisite fee has been made only on 09.01.2025.

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5.Considering the above, there shall be a direction to the third respondent shall conduct a survey and demarcate the boundaries of the petitioner's property in terms of his online application on 09.01.2025, within a period of twelve weeks from the date of receipt of a copy of this order.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.3784 of 2025

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6.The learned counsel for the petitioner would also submit that the representation has also been given to the Inspector of Police, namely, the fifth respondent for providing adequate police protection at the time of survey.

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7.It is made clear that if the third respondent/Tahsildar and the fourth respondent/Surveyor deem it fit that the police protection would be necessary at the time of survey, they shall make a request to the fifth respondent for providing adequate police protection at the time of survey and the fifth respondent shall provide necessary protection.

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8.With the above directions, this Writ Petition is disposed of. No costs.

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13.02.2025

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sji NCC: Yes/No Index : Yes / No Internet : Yes / No To

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1.The District Collector, Madurai District, Madurai.

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https://www.mhc.tn.gov.in/judis