Jayam v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 12.02.2025
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.4060 of 2025 G.Jayam ..Petitioner Vs.
1. The Revenue Divisional Officer, Erode District.
2. The Tahsildar, Perundurai Taluk, Erode District.
3. The Taluk Surveyor, Perundurai Taluk, Erode District.
4. The Inspector of Police, Arachalur Police Station.
5. The Sub Inspector of Police, Vellore Police Station.
6. Duraisamy
7. Deivanai ... Respondents 1/6
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 2 and 3 to measure and demarcate petitioner's agricultural land measuring total extent of 57 1⁄2 cents in S.No. 644/6-3 ares 50.Sq mt, S.No. 644/8-9 acres, S.No. 644/12-1 Ares, S.No. 643/6-7 Ares 50 Sq mt,S.No.643/12-3 Ares vadamugam Vellode Village, Erode District land by seeking necessary assistance from the respondents 4 and 5 on petitioner on-line application dated 19.08.2024 and petitioners representation dated 13.09.2024, 26.09.2024 and 09.10.2024, 21.10.2024 within a period fixed by this Honble Court For Petitioner : Mr.R.Prabakar For Respondents : Mr.M.R.Gokul Krishnan Additional Government Pleader for R1 to R3 Mr.V.J.Priyadarsana for R4 and R5
O R D E R
This writ petition has been filed for the issue of writ of Mandamus directing the respondents 2 and 3 to act upon the application submitted by the petitioner on 19.08.2024 and to conduct the survey and demarcate the property within the time frame fixed by this Court. 2.
Heard R.Prabakar, learned counsel for the petitioner and 2/6
Mr.M.R.Gokul Krishnan, learned Additional Government Pleader for respondents 1 to 3 and Mr.V.J.Priyadarsana, learned counsel for respondents 4 and 5.
3.
The petitioner is claiming right over the subject property through a settlement deed 04.06.2024 executed by her husband. The petitioner's husband became the owner of the property by virtue of a registered Sale deed dated 31.08.2023. The further case of the petitioner is that patta was also issued in her name in Patta No.6259. The petitioner wanted to conduct a survey and to demarcate the boundaries. Hence, an on-line application was submitted. Initially, the respondents 6 to 7 and others, who are the neighboring owners did not raise objections. However, they subsequently started raising objections and hence, the survey was not conducted. 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 the materials placed before this Court, there shall be a direction to the respondents 2 and 3 to act upon the application submitted by the petitioner and 3/6
conduct the survey in the subject property and the interested parties shall be put on notice and the survey shall be conducted in their presence. That apart, when the survey is conducted, the same will be done in line with the title deed and the patta that has already been issued. This process shall be completed by the respondents 2 and 3 within a period of six weeks from the date of receipt of a copy of this order. If in case there is any resistance which will lead to any law and order problem, the respondent No.4 shall grant necessary police protection. 5.
This writ petition is disposed of with the above directions. No costs.
12.02.2025 Index : Yes/No Internet : Yes/No Speaking Order / Non Speaking Order rka 4/6
To
1. The Revenue Divisional Officer, Erode District.
2. The Tahsildar, Perundurai Taluk, Erode District.
3. The Taluk Surveyor, Perundurai Taluk, Erode District.
4. The Inspector of Police, Arachalur Police Station.
5. The Sub Inspector of Police, Vellore Police Station.
N. ANAND VENKATESH, J.
rka 5/6
W.P.No.4060 of 2025 12.02.2025 6/6