R.Rajendiran v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH R.Rajendiran S/o.Late Rajamanickam

...Petitioner

Vs.

1.The Tahsildar, Kunnam Taluk, Perambalur District.

2.The Inspector of Police, Mangalamedu Police Station, Perambalur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the first respondent to survey the petitioner's house site in Natham land comprised in Survey No.20/8, Patta No.135, situated at Ogalur West Revenue Village, Kunnam Taluk and Perambalur District, by passing order based on the petitioner's online payment and E-challan dated 12.03.2024.

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For Petitioner : Mr.T.Velu For Respondents : Mr.P.Sathish, Additional Government Pleader [R1] Mr.V.J.Priyadarsana Government Advocate [Crl.side] [R2] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the first respondent to act upon the application submitted by the petitioner dated 12.03.2024 wherein the petitioner is seeking for survey of the subject property and for demarcation of boundaries.

2. Heard Mr.T.Velu, learned counsel for petitioner, Mr.P.Sathish, learned Additional Government Pleader appearing for first respondent and Mr.V.J.Priyadarsana, learned Government Advocate [Crl.side] appearing for second respondent.

3. The petitioner is claiming right over the subject property through a registered sale deed dated 27.08.2007. The further case of the petitioner is that patta was also granted in his favour. The petitioner wanted survey to be 2/4

conducted for demarcation of boundaries since there was disturbance from the adjacent land owners. In view of the same, the petitioner made an OnLine application on 12.03.2024 and paid the necessary charges. In spite of receipt of the application, the survey was not conducted on the ground that it was objected by the adjacent land owners. 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 considering the limited relief sought for in this writ petition, there shall be a direction to the first respondent to deal with the application submitted by the petitioner dated 12.03.2024 and conduct the survey in line with the title deed and the patta issued in favour of the petitioner. The adjacent land owners shall also be given notice and they shall also be present at the time of conducting survey. It shall be ensured that no law and order problem is created. If any such situation arise, the second respondent shall provide 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.

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N. ANAND VENKATESH, J gm This writ petition is disposed of with the above direction. No costs. 20.02.2025 Index : Yes/No Speaking Order / Non Speaking Order gm To 1.The Tahsildar, Kunnam Taluk, Perambalur District.

2.The Inspector of Police, Mangalamedu Police Station, Perambalur District.

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