M.Muthulingam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Muthulingam S/o.Krishnan ... Petitioner Vs.

1. The District Collector, Dharmapuri District, Dharmapuri - 5.

2. The Assistant Director, Land Survey, O/o.The District Collector, Dharmapuri-5.

Dharmapuri District.

3. The Tahsildhar, Pennagarm Taluk, Pennagarm - 636 810, Dharmapuri District.

4. The Taluk Surveyor, Pennagarm Taluk, Pennagarm - 636 810, Dharmapuri District.

5. The Inspector of Police, Eariyur Police Station, Eriyur, Pennagaram Taluk, Dharmapuri District.

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6. Jaya W/o.Mariyappan

7. Amutha W/o.Munusamy ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing respondents 2 to 4 to survey and demarcate boundaries of the petitioner's lands in S.No.537/1A (Old S.No.537/1) to an extent of 0.33 cents, situated at Sunjalnatham Revenue Village, Pennagaram Taluk, Dharmapuri District with the help of the fifth respondent police. For Petitioner : Mr.M.R.Jothimanian For Respondents : Mr.P.Sathish Additional Government Pleader [R1 to R4] Mr.V.J.Priyadarsana Government Advocate (Crl.side) [R5] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents 2 to 4 to survey the subject property and demarcate the boundaries based on the application submitted by the petitioner on 11.09.2024.

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2. Heard Mr.M.R.Jothimanian, learned counsel for petitioner, Mr.P.Sathish, learned Additional Government Pleader appearing for respondents 1 to 4 and Mr.V.J.Priyadarsana, learned Government Advocate (Crl.side) appearing for fifth respondent.

3. The petitioner is claiming right and title over the subject property through a registered sale deed dated 16.07.2024. The petitioner has also placed reliance upon the patta that has been issued in his name in patta No.7752. The petitioner submitted an OnLine application for survey of the property and for demarcation of boundaries. Since there was some resistance, a complaint was given before the police. In view of the same, the survey was not conducted. Aggrieved by the same, the present writ petition has been filed before this Court.

4. Taking into consideration the facts and circumstances of the case and considering the documents that have been placed before this Court, there shall be a direction to the respondents 3 and 4 to act upon the application submitted by the petitioner and conduct the survey in the subject property in line with the title document and the patta that has already been issued in the name of the petitioner. If there are any rival 3/6

parties, such survey can be conducted in their presence. If there is any resistance and any law and order problem is attempted to be created, the fifth respondent is directed to provide necessary police protection. This process shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order.

This writ petition is disposed of with the above direction. No costs.

07.02.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To

1. The District Collector Dharmapuri District Dharmapuri - 5

2. The Assistant Director Land Survey O/o.The District Collector Dharmapuri-5 Dharmapuri District

3. The Tahsildhar Pennagarm Taluk Pennagarm - 636 810 Dharmapuri District 4/6

4. The Taluk Surveyor Pennagarm Taluk Pennagarm - 636 810 Dharmapuri District

5. The Inspector of Police Eariyur Police Station Eriyur Pennagaram Taluk Dharmapuri District 5/6

N.ANAND VENKATESH, J gm 07.02.2025 6/6