Jameer Ahamed v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-04-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
1. Jameer Ahamed S/o.Jailabdeen, Rep By His Power Of Attorney Shabiya, W/o.Jameer Ahamed, Residing At No. 20/12c, N.S.Nagar, Bharathiyar Street, Arani, Tiruvannamalai District.
Petitioner(s) Vs
1. The Tahsildar Gingee Taluk, Villupuram District.
2.The Taluk Surveyor Gingee Taluk, Villupuram District.
3.The Inspector Of Police Gingee Police Station Villupuram District.
4.Akkar Badsha S/o.Kadar Mohideen, Kuttai Street, Meenabur Village And Post, Gingee Taluk, Villupuram District.
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 assign a competent surveyor to survey and measure the boundaries of the petitioners vacant house site, comprised in S.No. 46/3H, measuring an extent of 59,078 sq.ft situated at Meenambur Village, Gingee Taluk, Villupuram District. within the sub registration District of Gingee and Registration District of Tindivanm, based on the Application No.2025/ 0123/ 07 / 006393 dated 24.02.2025 with adequate police protection within a time frame that may be fixed by this court. For Petitioner(s):
M/s.M.Rebecca For Respondent(s):
Mr.M.R.Gokul Krishnan 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 the issue of writ of Mandamus directing the 1 st respondent to deal with the on-line application submitted by the petitioner on 24.02.2023 wherein the petitioner is seeking for the survey of the subject property and for demarcation of boundaries. 2.
Heard M/s.M.Rebecca, learned counsel for the petitioner and Mr.M.R.Gokul Krishnan, learned Additional Government Pleader for respondents 1 and 2 and Mr.V.J.Priyadarsana, learned Government Advocate
[Crl. Side] for 3 rd respondent.
3.
The petitioner is relying upon the sale deed dated 08.06.2023 registered as document No.1910 of 2023. The petitioner is also relying upon joint patta issued in Patta No.167 which stands in the name of the 4 th respondent and the father of the petitioner's vendor. The grievance of the petitioner is that whenever an attempt is being made to survey the property, the 4 th respondent is interfering with the same and as a result, the survey is not able to be conducted. It is under these circumstances, the present writ petition has been 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 on-line application submitted by the petitioner on 24.02.2023 and conduct the survey in the subject property based on the title document and the joint patta No.167 relied upon by the petitioner. During the survey, the 4 th respondent shall also be present and the portion of the property which is owned by the 4 th respondent shall be determined based on his title documents and the joint patta. Thereafter, the portion of the property over which the petitioner is seeking for ownership shall be surveyed and demarcated by determining the boundaries. If any obstruction is made which may lead to a law and order problem, the 3 rd respondent shall provide necessary police protection. This process shall be completed within a period of four weeks from
the date of receipt of a copy of this order.
5.
This writ petition is disposed of with the above directions. No costs.
17-04-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Tahsildar Gingee Taluk, Villupuram District.
2.The Taluk Surveyor Gingee Taluk, Villupuram District.
3.The Inspector Of Police Gingee Police Station Villupuram District.
N.ANAND VENKATESH J.
rka 17-04-2025