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Madras High CourtWP/10406/2025disposed of

V.Sivasubramanian v. The Revenue Tahsildar

2025-03-27Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH V.Sivasubramanian S/o Late Velusamy 12 Mettukattu Thottam Theethampalayam Vellakoil 638111 Tiruppur District Petitioner Vs

1. The Revenue Tahsildar Kangayam Taluk, Tiruppur District.

2.The Firka Surveyor Vellakoil Firka, Kangayam Taluk Tiruppur District.

3.V.Shanmugam S/o S.Veeramalai Gounder Mettukattu Thottam Theethampalayam Vellakoil 638111 Tiruppur District 4.S.Suvitha W/o V Shanmugam Mettukattu Thottam Theethampalayam Vellakoil 638111 Tiruppur District.

5.V.Pappathi W/o S.Veeramalai Gounder Mettukattu Thottam Theethampalayam Vellakoil 638111 Tiruppur District 6.Abul Hasan 1/6

S/o Muhamed Ali Mettukattu Thottam Theethampalayam Vellakoil 638111 Tiruppur District 7.N.Kathiravan S/o Nallasamy Mettukattu Thottam Theethampalayam Vellakoil 638111 Tiruppur District 8.V.Gunasekaran S/o S.Velusamy Gounder Mettukattu Thottam Theethampalayam Vellakoil 638111 Tiruppur District 9.R.Kumudha W/o Ramesh, Near Convent Vellakoil 638111 10.P.Balasubramani S/o Palanisamy Gounder Uoorthottam Theethampalayam Vellakoil 638111 Tiruppur District 11.Veerusamy Gounder S/o Kumaravellappa Gounder Theethampalayam Vellakoil 638111 Tiruppur District 12.SIVASELVI W/o Subramani Polarai Mulanur Dharapuram Taluk Tiruppur District 13.RAJENDRAN C/o Kuzhanthaisamy Muthur Vellakoil 638111 Kangayam Taluk Tiruppur District 14.THANGARASU S/o Not Known Nathanayaganpatti Thaneer Pandal Uthamapalayam Village Vellakoil 638111 Tiruppur District Respondents 2/6

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 conduct land survey and fix the boundaries for the petitioner's property measuring an extent of 1.34 3/4 acres comprised in SF No.555/2, Vellakoil Village, Kangayam Taluk, Tiruppur District based on the application for survey made in application No.2024/0123/32/002420 dated 07.10.2024.

For Petitioner : Ms.Adithyashri for Mr.N.Manoharan For Respondents : Mr.P.Sathish Additional Government Pleader [R1 & R2] *****

O R D E R

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 07.10.2024 wherein the petitioner is seeking for survey of the subject property and for demarcation of boundaries.

2. Heard Ms.Adithyashri, learned counsel for petitioner and Mr.P.Sathish, learned Additional Government Pleader appearing for respondents 1 and 2.

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3. The petitioner is claiming right and title over the subject property through a partition deed dated 09.10.2013. The petitioner is also placing reliance upon the joint patta issued in Patta No.2360. The petitioner submitted an online application on 07.10.2024 for survey of the property. Notice was also issued and when attempt was made to survey the property, there was resistance from the neighbours and therefore, the survey could not be conducted. It is under these circumstances, the present writ petition came to be 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 1 and 2 to act upon the online application submitted by the petitioner on 07.10.2024 strictly in line with the title deed and the joint patta that stands in the name of the petitioner and conduct the survey and demarcate the boundaries. 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 is any resistance from the neighbours, such survey shall be conducted in their presence and if situation so warrants, police assistance can be sought for by the first respondent. 4/6

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

27.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To

1. The Revenue Tahsildar Kangayam Taluk, Tiruppur District.

2.The Firka Surveyor Vellakoil Firka, Kangayam Taluk Tiruppur District.

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N.ANAND VENKATESH, J gm 27.03.2025 6/6