Madras High CourtWP/2927/2025disposed of

A.Reegan v. The Tahsildar

2025-02-05Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH A.Reegan ... Petitioner Vs.

1.The Tahsildar Kollihills Taluk Namakkal District 2.The Heard Surveyor Kollihills Taluk Namakkal District 3.Taluk Surveyor Kollihills Taluk Namakkal District 4.The Sub Inspector of Police Valavanthinadu Police Station Namakkal District 5.Manimozhi ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to survey the 1/4

land in Old Survey Nos.345/1, 347/2, 348/2 in New Survey Nos.996/9,10,11 an total extent of 32 cents in New Patta Nos.766, 1182 respectively situated at Valavanthinadu Village, Kollihills Taluk, Namakkal District and to fix boundary stone as per the sale deed in document Nos.1990 of 2014 and 1766 of 2019 dated 03.07.2014, 08.07.2019 and revenue records such as FMB based on the petitioner's online representation dated 06.05.2024 within the period that may be stipulated by this Court and direct the 4th respondent to give adequate police protection on the day of surveying the petitioner's property. For Petitioner : Mr.S.Varanesh For Respondents : Mr.M.R.Gokul Krishnan Addl. Government Pleader - R1 to R4

ORDER

This Writ Petition has been filed for the issue of writ of mandamus directing the respondents to survey and measure the property and to lay the boundary stones based on the online application submitted by the petitioner on 06.05.2024.

2.Heard Mr.S.Varanesh, the learned counsel appearing on behalf of the petitioner and Mr.M.R.Gokul Krishnan, the learned Additional Government Pleader appearing for the respondents 1 to 4. 2/4

3.The petitioner is claiming right and title over the subject property by virtue of sale deeds dated 03.07.2014 and 08.07.2019. Thereafter patta was also issued in favour of the petitioner. The petitioner wanted to survey and measure the property for laying the boundary stones. The 5th respondent who is the neighbour was objecting for the same. Hence the application submitted by the petitioner was not acted upon. It is under these circumstances, the present writ petition has been filed before this Court.

4.Taking into consideration the facts and circumstances of the case and considering the limited relief sought for in this writ petition, there shall be a direction to the 1st respondent to act upon the online representation given by the petitioner on 06.05.2024 and steps shall be taken to survey the subject property strictly in line with the title deeds and the patta issued in favour of the petitioner. While conducting the survey, notice shall be given to the 5th respondent and the survey shall be conducted in the presence of the 5th respondent. If required, police protection can also be sought for to avoid any untoward incidents. This process shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order.

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N. ANAND VENKATESH, J.

kas 5.This writ petition is disposed of with the above directions. 05.02.2025 Index : Yes / No kas To.