Jayamani v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Jayamani W/o.Ammasi ... Petitioner Vs.

1. The Tahsildar Taluk Office, Pethanaaickenpalayam, Salem District 2.The Head Surveyor Salem District 3.The Inspector of Police Ethappur Police Station, Salem ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents 1 and 2 to survey and fix boundary stones, in order to make fencing around the petitioner's husband's property comprised in Survey No.11/2A and 11/2B situate at Umayalpuram Village, Pethanaickenpalayam, Salem with the help of the third respondent within a reasonable time. For Petitioner : Mr.L.Ramanathan For Respondents : Mr.M.R.Gokulkrishnan Additional Government Pleader [R1 & R2] Mr.V.J.Priyadarsana Government Advocate [Crl.side] [R3] *****

O R D E R

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This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents 1 and 2 to act upon the OnLine application submitted by the petitioner on 25.05.2022 wherein the petitioner has sought for survey of the subject property for demarcation of boundaries.

2. Heard Mr.L.Ramanathan, learned counsel for petitioner, Mr.M.R.Gokulkrishnan, learned Additional Government Pleader appearing for respondents 1 and 2 and Mr.V.J.Priyadarsana, learned Government Advocate [Crl.side] appearing for third respondent.

3. The petitioner in order to establish her right, is placing reliance upon the sale deed dated 17.04.2003. The petitioner is also placing reliance upon the patta issued in favour of the petitioner's husband in Patta No.697. The OnLine application was submitted on 25.05.2022. 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 2/4

case and considering the materials placed before this Court, there shall be a direction to the respondents 1 and 2 to deal with the application submitted on 25.05.2022 and conduct the survey in the subject property based on the title document and patta that has already been issued and this process shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order. If there are any rival claims, such survey shall be conducted in their presence.

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

18.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To

1. The Tahsildar Taluk Office, Pethanaaickenpalayam, Salem District 2.The Head Surveyor Salem District 3.The Inspector Of Police Ethappur Police Station, Salem N.ANAND VENKATESH, J gm 3/4

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