R.Latha v. The Tahsildar

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. R.Latha Petitioner(s) Vs

1. The Tahsildar Thalaivasal Taluk, Salem District- 636 112.

2.The Inspector Of Police Thalaivasal Police Station, Salem District- 636 112.

3.KEERTHIVASAN 4.SRIMATHI 5.RANGARAJAN 6.DINESH Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to survey the

2/6 petitioner agriculture land comprised in survey Nos.156/1A, 1B, 1C, 1D, 3A, 3B and 159/2 and Patta No.128 situated at Aragalur village, Thalaivasal Taluk and Salem District by passing order based on the petitioner online payment and E- Challan dated 08.6.2024 and 24.05.2024. For Petitioner(s):

Mr.T.Velu For Respondent(s):

Mr.S.Jayachandran, Government Advocate for R1 Mr.V.J.Priyadarsana, Government Advocate for R2

ORDER

This writ petition has been filed for issue of writ of mandamus directing the 1 st respondent to survey the subject property based on the application submitted by the petitioner on 08.06.2024.

2.Heard Mr.T.Velu, learned counsel appearing on behalf of the petitioner, Mr.S.Jayachandran, learned Government Advocate appearing on behalf of the st respondent and Mr.V.J.Priyadarsana, learned Government Advocate appearing on behalf of the 2 nd respondent.

3/6 3.The petitioner is claiming right and title over the subject property through a registered Partition Deed dated 13.10.2014. The petitioner is also placing reliance upon the joint patta that was granted in the name of the petitioner's husband and his brother in Patta Nos.128 and 178. The petitioner submitted an online application by paying the necessary charges for conducting survey over the subject property. The same was resisted by the private respondents and hence, the survey was not able to be conducted. It is under these circumstances, the present writ petition came to be 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 1 st respondent to act upon the application submitted by the petitioner on 08.06.

2024, if there are no civil proceedings pending or any restraint order has been passed in this regard by the competent Court and the survey shall be conducted in the subject property strictly based on the title documents and demarcate the boundaries.

4/6 weeks from the date of receipt of copy of this order. If any law and order problem is sought to be created, the 2 nd respondent shall give necessary police protection.

5.This writ petition is disposed of with the above directions. No Costs. 05-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To 1.The Tahsildar Thalaivasal Taluk, Salem District- 636 112.

2.The Inspector Of Police Thalaivasal Police Station, Salem District- 636 112.

6/6 N.ANAND VENKATESH J.

ssr 05-03-2025