R.M.Baskarrajan v. The Revenue Tahsildar,
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-04-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH and WMP No. 11919 of 2025
1. R.M.Baskarrajan Petitioner(s) Vs
1. The Revenue Tahsildar Kallakuruchi Taluk, Kallakuruchi District 2.The Firka Surveyor Puligunda Revenue Village, Burgur Taluk, Krishnagiri District 3.The State Rep by its The Inspector of Police Mathur Police Station, Krishnagiri District 4.M Pradeepan Respondent(s)
2/7 PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for records relating to the impugned proceedings dated 25.02.2025 passed by the 2nd respondent, quash the same and consequently direct the respondents 1 to 3 to conduct the survey of the petitioners properties with police aid comprised in S Nos. 1421/1 (0.26.4 hectares) S.No. 1422/2 (0.56.0 Hectares) and S.No. 1423/3A (0.17.70 Hectares), Puligunda Village, Burgur Village, Krishnagiri District by considering the petitioner's online application No. 2024/0123/31/005423 dated 25.09.2024.
For Petitioner(s):
Ms.Adhishree M For Respondent(s):
Mr.A.Selvendran Special Government Pleader for R1 and R2 Mr.V.Meganathan Government Advocate for R3
ORDER
This writ petition has been filed challenging the impugned proceedings of the 2 nd respondent dated 25.02.2025 and for a consequential direction to the respondents to conduct survey in the subject property based on the online application submitted by the petitioner on 25.09.2024.
3/7 2.Heard Ms.M.Adhishree, learned counsel appearing on behalf of the petitioner, Mr.A.Selvendran, learned Special Government Pleader appearing on behalf of the respondents 1 & 2 and Mr.V.Meganathan, learned Government Advocate appearing on behalf of the 3 rd respondent.
3.The petitioner is placing reliance upon two Sale Deeds dated 04.12.2023 in order to derive his right and title over the subject property. The petitioner is also placing reliance upon the Patta Nos.3133 and 3134 which has been issued in the name of the petitioner with respect to the subject property. The petitioner submitted an online application on 25.09.2024 seeking for the survey of the subject property and for demarcation of boundaries. On receipt of the application, when an attempt was made to conduct the survey, the same was resisted by the 4 th respondent and hence, the impugned proceedings came to be issued by the 2 nd respondent stating that the survey cannot be conducted since it is objected by the 4 th respondent. Aggrieved by the same, the present writ petition has been filed before this Court.
4/7 4.In the considered view of this Court, the petitioner is placing reliance upon two Sale Deeds and also the patta issued in the name of the petitioner. While so, if there are any objections for any third parties, they should approach the competent Civil Court and workout their remedy. No one can be allowed to interfere during the survey without any basis and such survey cannot be stopped merely based on an objection made by the private parties. 5.In view of the above, the impugned proceedings proceedings of the 2 nd respondent dated 25.02.2025, is hereby quashed. There shall be a direction to the st and 2 nd respondents to act upon the online application submitted by the petitioner on 25.09.2024 and conduct the survey in the subject property, if required with the police aid provided by the 3 rd respondent and this process shall be completed, within a period of four weeks from the date of receipt of copy of this order.
5/7 6.In the result, this writ petition stands allowed with the above directions. No Costs. Consequently, connected miscellaneous petition is closed. 04-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr
6/7 To
1. The Revenue Tahsildar Kallakuruchi Taluk, Kallakuruchi District 2.The Firka Surveyor Puligunda Revenue Village, Burgur Taluk, Krishnagiri District 3.The Inspector of Police Mathur Police Station, Krishnagiri District
7/7 N.ANAND VENKATESH J.
ssr 04-04-2025