S.Selvaraj v. The Tahsildar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.01.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.594 of 2022 and W.M.P.No.650 of 2022
1. S.Selvaraj
2. S.Rajendran
...Petitioners
-Vs1. The Tahsildar,
2. The Deputy Inspector of Survey,
3. The Firka Surveyor, Vazhavandhi Nadu Firka, Valappurnadu Village,
4. The Sub-Inspector of Police, Valavandhinadu Police Station, Semmedu, Kolli Hills, Namakkal District.
...Respondents
Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the Respondents No.1 to 3 to survey the petitioners' properties comprised in Old Survey No.307, New Survey No.1069, Patta No.44 measuring to an extent of 3.17 acres in the total extent of 12.69 acres in Vazhappurnadu Village, Kolli Hills Taluk, Namakkal District with police protection and to demarcate the boundaries and also to furnish a copy of the survey report to the petitioner.
For Petitioners : Mr.M.Sathish Kumar For Respondents : Mr.V.Jeevagiridharan Additional Government Pleader
ORDER
This Writ Petition has been filed for the issuance of Writ of Mandamus, directing the Respondents No.1 to 3 to survey the petitioners' properties comprised in Old Survey No.307, New Survey No.1069, Patta No.44 measuring to an extent of 3.17 acres in the total extent of 12.69 acres in Vazhappurnadu Village, Kolli Hills Taluk, Namakkal District with police protection and to demarcate the boundaries and also to furnish a copy of the survey report to the petitioner.
2.
Heard Mr.M.Sathish Kumar, learned counsel appearing for the petitioners and Mr.V.Jeevagiridharan, learned Additional Government Pleader appearing for the respondents. 3.
Without expressing any opinion on the merits of the writ petition, the first respondent is directed to issue notice to the petitioners and adjacent owners if any and pass orders to survey the petitioners' properties comprised in Old Survey No.307, New Survey No.1069, Patta No.44 measuring to an extent of 3.17 acres in the total extent of 12.69 acres in Vazhappurnadu Village, Kolli Hills Taluk, Namakkal District, within a period of six weeks from the date of receipt of a copy of this order.
4.
It is made clear that if the surveyor is engaged to survey the subject properties by the Thasildar and if the surveyor finds any hindrances while surveying the properties, he can very well seek for police protection before the jurisdiction police station.
5.
With the above directions, this writ petition is disposed of. Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar mn To
1. The Tahsildar,
2. The Deputy Inspector of Survey,
3. The Firka Surveyor, Vazhavandhi Nadu Firka, Valappurnadu Village,
4. The Sub-Inspector of Police, Valavandhinadu Police Station, Semmedu, Kolli Hills, Namakkal District.
+1cc to the Government Pleader, S.R.No.3984 +1cc to Mr.M.Sathiskumar, Advocate, S.R.No.3805 W.P.No.594 of 2022 and W.M.P.No.650 of 2022 PL(CO) KKV/03/02/2022