S.Sarojini v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2020

CORAM:

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P.No.6989 of 2020 S.Sarojini

...Petitioner

-Vs1. The Tahsildar, Kangayam Taluk Office, Tiruppur District.

2.The Inspector of Police, Kangayam Police Station, Tiruppur District.

....Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to survey the land of the petitioner situated in S.Nos.78/1C at Marudurai Village, Kangeyam Taluk, Tiruppur District to the total extent of 62 cents and lay the boundary stone with the help of the 2nd respondent as per the applications of the petitioner dated 24.02.2020. For Petitioner : Mr.V.Elangovan For Respondents : Mr.E.Balamurugan Special Government Pleader

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the 1st respondent to survey the land and lay the boundary stone with the help of the 2nd respondent.

2.

The case of the petitioner is that the property was assigned in favour of the petitioner in the year 1996 and the petitioner is in possession and enjoyment of the same. The petitioner wants the 1st respondent to survey the land and fix the boundaries in order to enable the petitioner to fence the property. Whenever attempt is being made to survey the property, 1/3

some 3rd party without any right is preventing the inspection and therefore, the petitioner has sought for a further direction to the 2nd respondent to given police protection at the time of survey. Since the representation made by the petitioner has not been considered, the present writ petition has been filed before this Court, seeking for appropriate directions. 3.

The learned Special Government Pleader appearing on behalf of the respondents submitted that the representation given by the petitioner has been acted upon and the notice has been issued by fixing the date of survey as 31.03.2020. The learned counsel further submitted that the petitioner can also be present at the time of the survey along with all the necessary documents.

4.

In view of the above development, there shall be a direction to the 1st respondent to complete the survey and fix the boundary stones. If required, the 1st respondent can also seek for police protection if any third party without any right objects to the survey being conducted by the officials. The 1st respondent shall complete the entire process 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.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar rka To

1. The Tahsildar, Kangayam Taluk Office, Tiruppur District.

2.The Inspector of Police, Kangayam Police Station, Tiruppur District.

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+1 cc to Mr.S.Doraisamy Advocate sr24357 +1 cc to the Government Pleader High Court sr24481 WP No.6989 of 2020 aa08/06/2020 3/3