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Madras High CourtWP/6557/2025disposed of

Raja v. The Deputy Superintendent Of Police

2025-02-27Honourable Mr Justice N. Anand Venkatesh6 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-02-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. RAJA S/o Mahalingam, No 2/52A, Nangavalli Main Road, Meenampark School Near, M. Kalipatti, Mettur Taluk, Salem District Petitioner(s) Vs

1. The Deputy Superintendent of Police Mettur Sub-division, Salem District 2.The Tahsildar Mettur Taluk, Salem District 3.The Inspector Of Police Mecheri Police Station, Salem District 4.RATHANAVELU S/o Maarimuthu, Residing At Koolkaranu, Mecheri, Mettur Taluk , Salem District

2/6 5.STALIN S/o Rathanavelu, Residing At Koolkaranu, Mecheri, Mettur Taluk , Salem District 6.MAADHU S/o Not Known, Residing At Koolkaranu, Mecheri, Mettur Taluk , Salem District Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents No. 2 and 3 to survey and point out the field boundaries of the petitioners property comprised in old No. 322/4C new Survey No 322 / 4C2 at Mecheri Village Mettur Taluk Salem District to an extent of 7902 sq.ft by fixing stones with police aid at the time of survey and setting up the fencing to the petitioners above said property in pursuance of the petitioners representation dated 02.01.2025 For Petitioner(s):

Mr.C.Deepakkumar For Respondent(s):

Mr.S.Jayachandran Government Advocate for R1 to R3

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ORDER

This writ petition has been filed for issue of writ of mandamus directing the 2 nd respondent to act upon the representation made by the petitioner on 02.01.2025, wherein, the petitioner is seeking for the survey of the subject property and for demarcation of boundaries.

2.Heard Mr.C.Deepakkumar, learned counsel appearing on behalf of the petitioner and Mr.S.Jayachandran, learned Government Advocate appearing on behalf of respondents 1 to 3.

3.The petitioner is claiming right and title over the subject property through a registered Sale Deed dated 22.06.2023 registered as Document No.3521/2023. The patta also stands in the name of the petitioner. The petitioner wanted a survey to be conducted in the subject property for demarcation of boundaries. Accordingly, the representation was made. Since the same was not considered, the present writ petition has been filed been filed before this Court.

4/6 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 petitioner to make an online application before the 3 rd respondent by providing all the necessary particulars and on receipt of the same, the 2 nd respondent shall act upon the application and take a decision, within a period of four weeks from the date of receipt of the fresh online application from the petitioner and if there are any rival claimants, they shall also be put on notice before conducting the survey and if any such survey is conducted, it shall be done in the presence of the rival claimants.

5.This writ petition is disposed of with the above directions. No Costs. 27-02-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To 1.The Deputy Superintendent Of Police Mettur Sub-division, Salem District 2.The Tahsildar Mettur Taluk, Salem District 3.The Inspector Of Police Mecheri Police Station, Salem District

6/6 N.ANAND VENKATESH J.

ssr 27-02-2025