A.Sampath v. The Tahsildar

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH A.Sampath Petitioner(s) Vs

1. The Tahsildar Tahsildar Office, Thalaivasl Taluk,Salem District.

2.The Taluk Surveyor, Thalaivasal Taluk, Salem District.

3.The Inspector of Police, Thalaivasal Police Station, Salem District.

4.Venkatesan, 5.Palanimuthu, 6.Manikandan, Respondent(s)

2/6 PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st and 2nd respondents to make measurement and mark its boundaries in so far relates to the petitioner's land measuring to a total extent of 2.01 Acres situated in S.No. 105/2B, S.No. 105/3, S.No.105/4B, S.No.105/5 situated at Unathur Village and Post Thalaivasal Taluk, Salem District.

For Petitioner(s):

Ms.R.Hemalatha For Respondent(s):

Mr.P.Sathish Additional Government Pleader for R1 and R2 Mr.V.J.Priyadarsana Government Advocate (Crl Side) for R3.

ORDER

This writ petition has been filed for issue of writ of mandamus directing the 2 nd respondent to survey the subject property and mark the boundaries based on the application submitted by the petitioner. 2.When the matter came up for hearing on 21.03.2025, this Court passed the following order:

3/6 When the matter was taken up for hearing today, the learned Special Government Pleader, on instructions submitted that survey was already conducted pursuant to earlier order passed by this Court.

2. In the light of the above stand taken, the first respondent shall file a survey report before this Court.

3. Post this writ petition at the end of the motion list on 03.04.2025.

3.The matter was once again listed for hearing on 27.03.2025 and it was informed to this Court that the survey was already conducted pursuant to the earlier order passed by this Court. In view of the same, this Court directed the st respondent to file the survey report.

4.When the matter was taken up for hearing today, the report was placed before this Court and it is seen that when an attempt was made to survey the property, the petitioner had objected the same stating that the extent of the property has not been properly determined. Hence, the survey was stopped.

4/6 5.The learned Additional Government Pleader submitted that the survey will now be conducted based on the FMB sketch and also the documents relied upon by the petitioner.

6.In view of the above, there shall be a direction to the 1 st and 2 nd respondents to conduct the survey based on the FMB Sketch and the documents relied upon by the petitioner and complete the said process, within a period of four weeks from the date of receipt of copy of this order. If in the event of any requirement of police protection, the same shall be provided by the 3 rd respondent.

7.This writ petition is disposed of with the above directions. No Costs. 03-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To 1.The Tahsildar Tahsildar Office, Thalaivasl Taluk,Salem District.

2.The Taluk Surveyor, Thalaivasal Taluk, Salem District.

3.The Inspector of Police, Thalaivasal Police Station, Salem District.

6/6 N.ANAND VENKATESH J.

ssr 03-04-2025