Velumani v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.03.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Velumani S/o.Krishnan Chinnasamy ... Petitioner Vs.
1. The District Collector, Namakkal District, Namakkal.
2.The Tahsildar, Komarapalayam Taluk, Namakkal District.
3.The Taluk Surveyor Komarapalayam Taluk, Namakkal District.
4.The Inspector of Police Pallipalayam Police Station, Namakkal District.
5.The Sub Inspector of Police Veppadai Police Station, Namakkal District.
6.SIVAKUMAR Son Of Late Annamalai 7.SELVARAJ Son Of Late Ramasamy 8.KARTHICK 1/4
Son Of Sivakumar 9.AMUTHA Wife Of Venkatachalam 10.RASAMMAL Wife Of Kandhan ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the third respondent to conduct survey and fix the boundary stones to the property in Old S.F.No.452/2 New S.F.No.623/10 admeasuring to an extent of 92.5 sq.mt in Ellandaikuttai Village, Komarapalayam Taluk, Namakkal District by considering the petitioner's application vide E-Challan No.20241021003649 dated 21.10.2024 For Petitioner : Ms.V.Kopika for Mr.M.Guruprasad For Respondents : Mr.S.Jayachandran, Government Advocate [R1 to R3] Mr.V.J.Priyadarsana Government Advocate [R4 & R5] *****
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents 2 and 3 to act upon the OnLine application submitted by the petitioner on 21.10.2024 wherein the petitioner has sought for survey of the subject property for fixing the boundary stones.
2. Heard Mr.S.Jayachandran, learned counsel for the petitioner, 2/4
Mr.S.Jayachandran, learned Government Advocate appearing for respondents 1 to 3 and Mr.V.J.Priyadarsana, learned Government Advocate appearing for respondents 4 and 5.
3. The petitioner is placing reliance upon the settlement deed dated 28.11.2022 and the patta transfer order dated 03.02.2023 where Patta No.1084 was issued in the name of the petitioner. The petitioner had submitted an OnLine application and sought for the survey of the subject property. 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 respondents 2 and 3 to act upon the OnLine application submitted by the petitioner on 21.10.2024 and conduct a survey in the subject property. 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, unless and otherwise there are any pending litigation before the Court, they shall also be present at the time of survey. In order to N.ANAND VENKATESH, J 3/4
gm avoid any law and order problem, if required, the fourth respondent shall provide police protection.
This writ petition is disposed of with the above direction. No costs.
21.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To
1. The District Collector, Namakkal District, Namakkal.
2.The Tahsildar, Komarapalayam Taluk, Namakkal District.
3.The Taluk Surveyor Komarapalayam Taluk, Namakkal District.
4.The Inspector of Police Pallipalayam Police Station, Namakkal District. 5.The Sub Inspector of Police Veppadai Police Station, Namakkal District.
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