← Library
Madras High CourtWP/11251/2025disposed of

Krishnamoorthy v. The Tahsildar

2025-04-07Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. KRISHNAMOORTHY S/o.Palaniyappan, 82 Kilakku Kadu, Sathasivapuram, Thalaivasal Taluk, Salem District.

Petitioner(s) Vs

1. The Tahsildar Thalaivasal Taluk, Salem District-636 112 2.The Inspector Of Police Attur Rural Police Station, Attur, Salem District-636 102.

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issue of writ of Mandamus directing the 1st respondent to survey the land in Sathasivapuram village survey No.159/3, 160/11, 160/12B, 187/1B and 187/5 and to give the survey report to the petitioner, based on the online application in the way of the E-Challan No.20231107004723 dated 07.11.2023.

For Petitioner(s): M.Ravi For Respondent: P.Sathish, Additional Government Pleader for R1 V.J.Priyadarsana Government Advocate[Criminal side] for R2

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 1st respondent to act upon the on-line application submitted by the petitioner on 07.11.2023 wherein the petitioner is seeking for the survey of the subject property and for demarcation of boundaries.

2.

Heard Mr.M.Ravi, learned counsel for the petitioner and Mr.P.Sathish, learned Additional Government Pleader for 1st respondent and Mr.V.J.Priyadarsana, learned Government Advocate (criminal side) for 2nd respondent.

3.

Taking into consideration the facts and circumstances of the case and also considering the fact that the patta in Patta No.8213 stands in the name of the petitioner, there shall be a direction to the 1st respondent to act upon the on-line application

submitted by the petitioner on 07.11.2023 and conduct the survey of the subject property based on the title document and the survey shall be conducted within a period of four weeks from the date of receipt of the copy of this order. If there are any rival parties, such survey shall be conducted in their presence. If the third parties have any objection for conducting the survey on the ground that they also have the claim over the property, such grievance will have to be agitated before the Competent Court and they cannot prevent the 1st respondent from carrying on with the statutory duty. Hence, if any law and order problem is created, the 2nd respondent is directed to provide necessary police protection to the 1st respondent to complete the survey. 4.

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

07-04-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Tahsildar Thalaivasal Taluk, Salem District-636 112 2.The Inspector Of Police Attur Rural Police Station, Attur, Salem District-636 102.

N.ANAND VENKATESH J.

rka 07-04-2025