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Madras High CourtWP/6298/2025disposed of

Selvaraju v. The District Collector

2025-02-26Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-02-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. SELVARAJU S/o. Nagappapillai, No.3/ 69, Orathur Village, Sikkal Pathu, Nagapattinam District- 611 108.

Petitioner(s) Vs

1. The District Collector O/o. The District Collector, 2.The Tahsildar Nagapattinam Taluk Office, 3.The Head Surveyor Nagapattinam Taluk Office, 4.The Inspector Of Police Velankanni Police Station, 5.RANI W/o. Ramachandiran, Orathur Main Road, Sikkal Pathu Village,

Nagapattinam District- 611 108.

6.RAMACHANDIRAN Orathur Main Rod, Sikkal Pathu Village, Nagapattinam District- 611 108.

7.LATHA D/o. Kasinathan, Orathur Main Rod, Sikkal Pathu Village, Nagapattinam District- 611 108.

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus directing the 1st respondent to pass appropriate orders to the 2 nd and 3 rd respondents to conduct survey in petitioner land bearing S.No. 35/1B, to the extent of 0.2.40 Ares situated at Akara Village, Nagapattinam Taluk, Nagapattinam District on the basis of petitioner representation dated 24.10.2024 and vide e- challan dated 28.08.2024 in challan No. 2024/ 0123/ 19/ 001189, with police protection restrain the respondents 5 to 7 not to obstruct for survey of our property. For Petitioner(s):

T. Elumalai For Respondents Mr.R.P.Murugan Raja for R1 to R3 MR.R.Vinothraj, Additional Public Prosecutor for R4

ORDER

This writ petition has been filed for the issue of writ of Mandamus

directing the respondents 2 and 3 to conduct the survey in the subject property based on the application submitted by the petitioner. 2.

Heard Mr.T.Elumalai, learned counsel for the petitioner and Mr.R.P.Murugan Raja, learned counsel for respondents 1 to 3 and Mr.R.Vinoth Raj, learned Additional Public Prosecutor for 4 th respondent.

3.

The petitioner is claiming right over the subject property by virtue of a Sale deed dated 02.02.2024. The patta was also issued in the name of the petitioner in Patta No.525. The petitioner wanted a survey to be conducted in the subject property for demarcation of boundaries and hence, an application was submitted by paying the necessary charges. 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, there shall be a direction to the 2 nd respondent to deal with the application submitted by the petitioner

seeking for survey and the survey shall be conducted by the respondents 2 and 3 in the presence of the petitioner and also in the presence of the respondents 5 to 7 based on the title document and the patta issued in the name of the petitioner. If any law and order problem is created, the 4 th respondent shall provide police protection. This process shall be completed within a period of four weeks from the date of receipt of a copy of this order.

5.

This writ petition is disposed of with the above directions. No costs.

26-02-2025 rka To 1.The District Collector O/o. The District Collector, 2.The Tahsildar Nagapattinam Taluk Office, 3.The Head Surveyor Nagapattinam Taluk Office,

4.The Inspector Of Police Velankanni Police Station, Index:Yes/No Speaking/Non-speaking order Internet:Yes

N.ANAND VENKATESH J.

rka 26-02-2025