S.Sridhar, v. The Tahsildar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.02.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P.No.4864 of 2024 S.Sridhar ... Petitioner versus 1.The Tahsildar, Harur Taluk, Dharmapuri.
2.The Land Surveyor, Tahsildar Office, Harur Taluk, Dharmapuri.
3.The Village Administrative Officer, Harur Taluk, Dharmapuri District.
4.The Inspector of Police, Harur Town & Taluk, Dharmapuri District.
5.V.Priya 6.Chinnu .....Respondents Pg.Nos.1/6
Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to survey the property measuring an extent of 2.62 Acres, situated at S.No.75/3C, Maveripatti Village, Harur Taluk, Dharmapuri District along with police protection by the 4th respondent, within a time frame. For Petitioner :
Mr.P.Valliappan Senior Advocate for M/s.PV Law Associates For Respondents :
Mr.T.Arun Kumar Additional Government Pleader for R1 to R3 Mr.S.Sugendran Additional Public Prosecutor for R4
O R D E R
Mr.T.Arun Kumar, learned Additional Government Pleader accepts notice for respondents 1 to 3 and Mr.S.Sugendran, learned Additional Public Prosecutor appears on behalf of the fourth respondent.
2. Since this writ petition is being disposed of without passing any adverse orders against respondents 5 and 6, affecting their interest, notice to Pg.Nos.2/6
those respondents is dispensed with. As this Court is of the view that the fourth respondent is not a necessary party, this Writ Petition is dismissed as against the fourth respondent.
3.The petitioner has given a representation to the first respondent on 04.12.2023, seeking to survey the subject land measuring an extent of 2.62 Acres, situated at S.No.75/3C, Maveripatti Village, Harur Taluk, Dharmapuri District with adequate police protection. Pursuant to the same, the first respondent along with the revenue officials visited the subject property, however, the sixth respondent restrained the official respondents from surveying the subject property. Hence, the petitioner has sent a legal notice dated 30.12.2023 to the respondents 1 to 4 herein. Since the subject property has not been surveyed till date, the present writ petition has been filed.
4. Heard both sides.
5. Since this Writ Petition is only for a mandamus simpliciter to consider the representation of the petitioner, this Court, without expressing Pg.Nos.3/6
any view or opinion with regard to the merits of the case, directs the first respondent to consider the representation of the petitioner dated 04.12.2023, and pass appropriate orders by conducting survey in the subject lands, after receipt of the cost of the survey from the petitioner, if not already received, and after giving due opportunity of hearing to the petitioner and respondents 5 and 6 herein as well as the rival claimants/interested parties/ objectors/ adjacent owners of four boundaries of the subject property/aggrieved parties if any, as the case may be. Such exercise shall be completed within a period of two months from the date of receipt of a copy of this order.
6. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
26.02.2024 Index: Yes/No Speaking Order : Yes/No ms Pg.Nos.4/6
To 1.The Tahsildar, Harur Taluk, Dharmapuri.
2.The Land Surveyor, Tahsildar Office, Harur Taluk, Dharmapuri.
3.The Village Administrative Officer, Harur Taluk, Dharmapuri District.
4.The Inspector of Police, Harur Town & Taluk, Dharmapuri District.
Pg.Nos.5/6
P.VELMURUGAN, J.
ms 26.02.2024 Pg.Nos.6/6