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Madras High CourtWP/5411/2025disposed of

Velupillai Aias Velu v. The District Collector

2025-02-20Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.5411 of 2025 Velu Pillai @ Velu ... Petitioner Vs.

1.The District Collector, District Collectorate, 2.District Revenue Officer, District Revenue Office, 3.The Tahsildar, Taluk Office, Sankarapuram Taluk, 4.The Revenue Divisional Officer (Surveyor), Taluk Office, Sankarapuram Taluk, 5.Superintendent of Police, Salem Main Road, Inthili Village, Kallakurichi (Taluk & District) 1/6

6.Inspector of Police, Katcheri Road,.

Sankarapuram Road, 7.R.Govindan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 3rd respondent to consider the application bearing reference No.2024/0123/33/004586 which was registered on 03/12/2024 made by the petitioner to survey of the land located at Kallakuruchi District, Kallakurichi Town Panchayat, Mohur Village at Survey No.25/1A2 having extent of 1.33 cents, 66/14B measuring 0.15.5 cents, 66/15 measuring 0.25/.5 cents and 66/16 having 0.14 cents, with the assistance of 5th and 6th Respondents in case of any obstruction or interfering being created against effective discharge of duty by 3rd respondent. For Petitioner : Mr.A.K.Rajaraman For Respondents : Mr.M.R.Gokul Krishnan Additional Government Pleader for R1 to R4 Mr.V.J.Priyadarsana Government Advocate for R5 and R6

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the 3rd respondent to consider the application submitted by the petitioner on 03.12.2024, 2/6

wherein, the petitioner is seeking for the survey of the subject property and for demarcation of boundaries.

2.Heard Mr.A.K.Ramarajan, learned counsel appearing on behalf of the petitioner, Mr.M.R.Gokulkrishnan, learned Additional Government Pleader appearing on behalf of respondents 1 to 4 and Mr.V.J.Priyadarsana, learned Government Advocate appearing on behalf of the 5th and 6th respondents. 3.The case of the petitioner is that the property originally belonged to one Pavadai. His legal heirs filed a suit in O.S.No.486 of 1989 seeking for the relief of partition. Ultimately, a final decree came to be passed and the properties were allotted to the respective sharers. Thereafter, the petitioner purchased the subject property through a registered Sale Deed dated 23.09.1997. The petitioner wanted to fix the boundaries in order to avoid any future disputes and to seek for the issuance of a separate patta in the name of the petitioner. Accordingly, an application was submitted on 03.12.2024 and since, the same was not acted upon, the present writ petition has been filed before this Court.

4.Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court and the nature of grievance that has 3/6

been expressed by the petitioner, there shall be a direction to the 3rd respondent to act upon the application submitted by the petitioner on 03.12.2024 and conduct the survey based on the final decree that has been passed in O.S.No.486 of 1989 and the Sale Deed that has been executed in favour of the petitioner dated 23.09.1997 and demarcate the boundaries. This survey shall be conducted in the presence of the other interested parties in order to avoid any future dispute. If any law and order problem is created, the 6th respondent shall provide police protection. This process shall be completed by the 3rd respondent, within a period of four weeks from the date of receipt of copy of this order. 5.This writ petition is disposed of with the above directions. No Costs. 20.02.2025 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr To 1.The District Collector, District Collectorate, 2.District Revenue Officer, District Revenue Office, 4/6

3.The Tahsildar, Taluk Office, Sankarapuram Taluk, 4.The Revenue Divisional Officer (Surveyor), Taluk Office, Sankarapuram Taluk, 5.Superintendent of Police, Salem Main Road, Inthili Village, Kallakurichi (Taluk & District) 6.Inspector of Police, Katcheri Road,.

Sankarapuram Road, 5/6

N. ANAND VENKATESH, J.

ssr W.P.No.5411 of 2025 20.02.2025 6/6