Abdul Sait v. The Thashildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.11311 of 2024 Abdul Sait .. Petitioner

Versus

1. The Tahsildar, Tiruvannamalai Taluk and District.

2. The Head Surveyor, Taluk Office, Tiruvannamalai.

3. The Superintendent of Police, Tiruvannamalai District.

4. The Inspector of Police, East Town Police Station, Tiruvannamalai District.

5. Sumathy .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st and 2nd respondents to survey and fencing the property comprised in Survey. No.87/ 48D1 admeasuring to an extent of 0.1.50 Ares bearing patta No.132 situated at Kiliyambattu Panchayath Vadandapattu Village Tiruvannamalai Taluk and District by obtaining necessary police protection from the 3rd and 4th respondents for carrying out the same in the smooth and peaceful manner by 1/5

virtue of the survey charges of Rs.1,600/- padi vide Challan No.20240308008970 dated 08.03.2024 under the reference No.Boundary F Line and Head Surveyor Melmuraiyeedu.

For Petitioner : Mr.B.Ramakrishnan For Respondents : Mr.P.Sathish Additional Government Pleader - R1 & R2 Mr.S.Sugendran Additional Public Prosecutor - R3 & R4

ORDER

Since no adverse Order has been passed against the fifth respondent, notice to her is dispensed with. With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This Writ Petition is filed to direct the first and second respondents to survey and fencing the property comprised in Survey. No.87/ 48D1 ad-measuring to an extent of 0.1.50 Ares bearing patta No.132 situated at Kiliyambattu Panchayath Vadandapattu Village Tiruvannamalai Taluk and District by obtaining necessary police protection from the third and fourth respondents for carrying out the same in the smooth and peaceful manner by virtue of the survey charges of Rs.1,600/- paid vide Challan 2/5

No.20240308008970 dated 08.03.2024 under the reference No Boundary F Line and Head Surveyor, Melmuraiyeedu.

3. Heard learned counsel for the petitioner and the learned Additional Government Pleader appearing for the first and second respondents and the learned Additional Public Prosecutor appearing for the third and fourth respondents and perused the materials available on record.

4. The case of the petitioner is that the petitioner and his brother jointly purchased the property and they also obtained online patta. The grievance of the petitioner is that though he has given an online application to the first respondent to survey his land and by paying requisite fee, the same has not been considered by the first respondent till date. Hence, the present Writ Petition.

5. Considering the limited relief sought for in this writ petition, the second respondent is directed to consider the online application of the petitioner dated 03.10.2023 and pass appropriate orders on the same, after giving notice to the fifth respondent, neighbouring land owners and any other 3/5

interested persons, within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs.

11.07.2024 vrc Index :Yes/No Internet :Yes/No To,

1. The Tahsildar, Tiruvannamalai Taluk and District.

2. The Head Surveyor, Taluk Office, Tiruvannamalai.

3. The Superintendent of Police, Tiruvannamalai District.

4. The Inspector of Police, East Town Police Station, Tiruvannamalai District. 4/5

N. SATHISH KUMAR, J.

vrc W.P.No.11311 of 2024 11.07.2024 5/5