Madras High Court
S.Michealsamy vs The Tahsildar on 2 April, 2025
W.P.(MD)No.9196 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.04.2025
CORAM
THE HON'BLE MR.JUSTICE P.B.BALAJI
W.P.(MD)No.9196 of 2025
S.Michealsamy : Petitioner
Vs.
1.The Tahsildar,
Ettayapuram Taluk,
Ettayapuram,
Thoothukudi District.
2.The Head Surveyor,
Office of Thashildar,
Ettayapuram Taluk,
Ettayapuram,
Thoothukudi District.
3.The Village Administrative Officer,
Meenakshipuram,
Ettayapuram Taluk,
Thoothukudi District.
4.The Inspector of Police,
Ettayapuram Police Station,
Ettayapuram,
Thoothukudi District.
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W.P.(MD)No.9196 of 2025
5.Sebastine : Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, directing the
respondents 1 to 3 to survey and demarcate the common pathway of
the petitioner and 5th respondent comprising S.No.13/2V to the
extent of 50 Sq. metre in Venkatachalapuram Village,
Meenakshipuram, Ettayapuram Taluk, Thoothukudi District forthwith
with the police protection, if necessary.
For Petitioner : Mr.J.Parekh kumar
For Respondents 1 to 3: Mr.M.Lingadurai
Special Government Pleader
For Respondent No.4 : Mr.S.Prakash
Government Advocate (Crl. Side)
ORDER
The petitioner, apprehending that the fifth respondent is trying to convert three meter common pathway as three feet common pathway, has sought for survey to be conducted by making an application on 18.03.2025.
2.According to the petitioner, the fifth respondent is trying to enlarge his personal property by reducing the extent of the common pathway, therefore, necessitating survey to be conducted.
The petitioner's application is pending with the first respondent.
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3.In view of the apprehension of the petitioner, Writ Petition is disposed of, with the following direction:
“The first respondent shall fix a date for survey and intimate the petitioner as well as fifth respondent in advance about the proposed survey. The first respondent shall also duly forward the said intimation to the jurisdictional police officials, namely fourth respondent, seeking police protection at the time of survey to be conducted. On the proposed date, after hearing the objections of the petitioner as well as the fifth respondent and after satisfying the title of the petitioner as well as fifth respondent and their claim over the common pathway, the first respondents shall conduct survey and dispose of the petitioner's application dated 18.03.2025, by marking the boundaries of the common pathway. The said exercise shall be completed within a period of twelve [12] weeks from the date of receipt of a copy of this order.” There shall be no order as to costs.
02.04.2025
Index :Yes / No
Internet : Yes / No
NCC : Yes/No
MR
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W.P.(MD)No.9196 of 2025
To
1.The Tahsildar,
Ettayapuram Taluk,
Ettayapuram,
Thoothukudi District.
2.The Head Surveyor,
Office of Thashildar,
Ettayapuram Taluk,
Ettayapuram,
Thoothukudi District.
3.The Village Administrative Officer, Meenakshipuram, Ettayapuram Taluk, Thoothukudi District.
4.The Inspector of Police, Ettayapuram Police Station, Ettayapuram, Thoothukudi District.4/5
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