M.Ramasamy v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Ramasamy S/o.Muthusamy ... Petitioner in both petitions Vs.

The Tahsildar, Anthiyur Taluk, Erode District.

... Respondent in both petitions Writ Petitions filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondent to consider the petitioner's application dated 26.11.2024 and survey the land situated in S.No.44/3 to the extent of 2.151⁄2 acre and S.No.43/1 to the extent of one acre at Ariyagoundanur Village, Nerunjipettai, Anthiyur Taluk, Erode District and lay the boundary stones. For Petitioner : Mr.Doraisamy [in both petitions] for Mr.V.Elangovan For Respondent : Mr.S.Jayachandran, [in both petitions] Government Advocate ***** COMMON ORDER 1/4

These writ petitions have been filed seeking issuance of a writ of mandamus directing the respondent to conduct survey and measure the property and to fix the boundary stones pursuant to the application submitted by the petitioner on 26.11.2024.

2. Heard Mr.Doraisamy, learned counsel for petitioner and Mr.S.Jayachandran, learned Government Advocate appearing for respondent.

3. The petitioner is claiming right over the subject property by virtue of registered sale deeds dated 02.03.1967 & 04.06.1969. Patta was also issued in favour of the petitioner in Patta Nos.35 & 160 and Patta No.11. The petitioner wanted to measure this property after survey and hence, an application was submitted by the petitioner in this regard on 26.11.2024. Since the same was not acted upon, the present writ petitions have been filed before this Court.

4. Taking into consideration the facts and circumstances of the case and considering the limited relief sought for in these writ petitions, there shall be a direction to the respondent to act upon the application 2/4

submitted by the petitioner on 26.11.2024 and conduct the survey and measure the property and if in case, the interest of any third party is involved, the survey shall be conducted in their presence. While conducting the survey, the authorities shall strictly go by the sale deeds that were executed in favour of the petitioner on 02.03.1967 & 04.06.1969 in order to determine the extent of the property and while fixing the boundary stones. This process shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order. These writ petitions are disposed of with the above direction. No costs.

05.02.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To The Tahsildar, Anthiyur Taluk, Erode District.

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