Madras High CourtWP/7342/2025disposed of

K.Chandrasekaran v. The Tahsildar

2025-03-05Honourable Mr Justice N. Anand Venkatesh6 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. K.Chandrasekaran Petitioner(s) Vs

1. The Tahsildar Kundrathur Taluk Office, Mehta Nagar Main Road, Kundrathur, Kancheepuram District 2.The Deputy Inspector of Survey O/o Surveyor, Kundrathur Taluk, Kancheepuram District 3.The Village Administrative Officer Pazhandhandalam Panchayat, Kundrathur Taluk, Kancheepuram District 4.The Inspector Of Police T-5 Kundrathur Police Station Kundrathur, Chennai 600069 5.M.Lokesh

2/6 6.E.Sivalingam 7.E.Murthi 8.M.Agash 9.M.Gopinath 10.P.Vembuli 11.A.Kothandan Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus,, directing the respondents 1 to 3 to survey the land and fix the boundary stones in Survey No.484/5B measuring to an extent of 27.5 cents, situated at No.79, Pazanthandalam, Sriperumbudur taluk, Kanchipuram district based on petitioner online application dated 28.05.2024 in Application No.2024/0123/03/001807 by appreciating the above stated facts. For Petitioner(s):

Mr.K. Sathish Kumar For Respondent(s):

Mr.A.Selvendran, Special Government Pleader for R1 to R3 Mr.V.J.Priyadarsana, Government Advocate for R4

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ORDER

This writ petition has been filed for issue of writ of mandamus directing the 1 st and 2 nd respondents to act upon the application submitted by the petitioner on 28.05.2024, wherein, the petitioner has sought for the survey of the subject property for demarcation of boundaries. 2.Heard Mr.K.Sathish Kumar, learned counsel appearing on behalf of the petitioner, Mr.A.Selvendran, learned Special Government Pleader appearing on behalf of respondents 1 to 3 and Mr.V.J.Priyadarsana, learned Government Advocate appearing on behalf of the 4 th respondent.

3.The case of the petitioner is that he became the owner of the subject property by virtue of a registered Settlement Deed dated 18.09.1995. Thereafter, since his title was questioned, he filed a suit in O.S.No.385 of 2008 seeking for the relief of permanent injunction and for possession of the B Schedule property. This suit was decreed by judgement and decree dated 03.11.2009 by the learned District Munsif-cum-Judicial Magistrate, Sriperumbudur.

4/6 Subsequently, the petitioner filed E.P.No.38 of 2011 to execute the decree and the delivery was also effected by the Court Amin which was recorded by the EP Court on 30.03.2023 and the proceedings were terminated. Thereafter, the patta was also granted in favour of the petitioner in Patta No.5370. The petitioner made an online application seeking for the survey of the subject property. The same was resisted by the private respondents claiming that the suit is still pending. It is under these circumstances, the present writ petition came to be filed before this Court.

4.Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court wherein, a decree has been passed in favour of the petitioner and the delivery has also been effected in the Execution Proceedings, there shall be a direction to the 1 st and 2 nd respondents to act upon the application submitted by the petitioner on 28.05.2024 and conduct the survey in the subject property for demarcation of boundaries. If there is any resistance from the private respondents which may lead to a law and order problem, the 4 th respondent is directed to provide necessary police

5/6 protection. This process shall be completed, 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. 05-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

6/6 N.ANAND VENKATESH J.

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