Panjalai v. Th Tashildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Panjalai ... Petitioner Vs.

1. The Tahsildar, O/o Tahsildar, Taluk Office, Sankarapuram Taluk,

2. The Head Surveyor, Taluk Office, Sankarapuram Taluk,

3. The Superintendent of Police, District Police Headquarters,

4. The Deputy Superintendent of Police, Tirukovilur Circle, Sandhapet, Tirukovilur, Kallakuruchi District.

5. The Inspector of Police, Sanakarapuram Police Station,

6. Sub-Inspector of Police, 1/6

Sankarapuram Police Station, ...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1 and 2 respondents to survey and fix the boundaries of the property situated at Seshamuthiram village, Sanakarapuram Taluk, Kallakurihci District pertaining to Natham Sr.No. 68/39 with an extent of 647 sq.fts within a time frame fixed by this Hon'ble Court and further directing 3 to 6 respondents to provide adequate police protection at the time of survey.

For Petitioner(s) : Mr.S.J.Raja Janakiraman For R1 and R2 : Mr.A.Selvendran Special Government Pleader For R3 to R6 : Mr.R.Kishore Kumar Government Advocate (Crl. Side)

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. The present writ petition is filed praying for a writ of mandamus to direct the 1st and 2nd respondent to survey and fix the boundaries of the property situated at Seshamuthiram village, Sanakarapuram Taluk, Kallakurichi District pertaining to Natham Sr.No. 68/39 covering an extent of 647 sq.fts and further 2/6

directing respondent Nos. 3 to 6 to provide adequate police protection at the time of survey.

3. It is submitted by the learned counsel for the petitioner that the petitioner had submitted representations on 03.01.2024 and 07.11.2024 to survey and fix the boundaries of the subject property and had paid necessary fees. Since the petitioner's representations were not considered by the respondents till date, the present writ petition has been filed before this Court. Further, the learned counsel for the petitioner would request that adequate police protection may be provided at the time of survey.

4. The learned Special Government Pleader, Mr.A.Selvendran appearing for the Respondent No.1 to 3 would submit that they would conduct survey and fix the boundary of the subject property within a time frame fixed by this Court. The request for police protection would also be considered and appropriate orders would be passed by the 1st and 2nd respondent, which was agreed to by the learned counsel for the petitioner.

5. It is further submitted by the learned Special Government Pleader that in case police protection is required they would request the 5th respondent. When 3/6

this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar appearing for the Respondent Nos. 3 to 6 would submit that if any such request is made, adequate police protection will be granted.

6. In view thereof, the writ petition stands disposed of with a direction to the 1st and 2nd respondent to conduct survey and fix the boundary of the subject property, after putting the petitioner, adjacent land owners and other interested parties including rival claimants if any on notice, within a period of 8 weeks from the date of receipt of a copy of this order. It is open to the 1st and 2nd respondent to request for police protection before the 5th respondent. If any such request is made the 5th respondent is directed to provide adequate police protection for conducting the survey. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs.

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To:

1. The Tahsildar, O/o Tahsildar, Taluk Office, Sankarapuram Taluk,

2. The Head Surveyor, Taluk Office, Sankarapuram Taluk,

3. The Superintendent of Police, District Police Headquarters,

4. The Deputy Superintendent of Police, Tirukovilur Circle, Sandhapet, Tirukovilur, Kallakuruchi District.

5. The Inspector of Police, Sanakarapuram Police Station,

6. Sub-Inspector of Police, Sankarapuram Police Station, 5/6

MOHAMMED SHAFFIQ, J.

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