Manikandan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Manikandan ...

Petitioner versus 1.The Tahsildar, Veppanthattai Taluk, Perambalur District.

2.The Head Land Surveyor, Veppanthattai Taluk, Perambalur District.

3.The Inspector of Police, V.Kalathur Police Station, Perambalur District.

4.Ravirajan 5.Panneerselvam 6.Kaliyammal 7.Sampath ...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to survey and fix boundaries to the land situated in Survey No.366/3 to an extent of about 21 cents located at Perambalur Village, Veppanthattai 1/6

Taluk, Perambalur District, based on the petitioner's applications dated 27.02.2023 and 08.03.2024 and further direct the 3rd respondent to provide necessary protection for the same.

For Petitioner :

Mr.M.Vijayaragavan For Respondent Nos.1 & 2 :

Mr.P.Sathish Additional Government Pleader For Respondent No.3 :

Mr.S.Sugendran Additional Public Prosecutor

O R D E R

By consent of both sides, this Writ Petition is disposed of at the stage of admission itself.

2.

This Writ Petition is filed to direct the respondents 1 and 2 to survey and demarcate the petitioner's land viz., Survey No.366/3, measuring to an extent of 21 cents in Perambalur Village, Veppanthattai Taluk, Perambalur District, by considering his applications dated 27.02.2023 and 08.03.2024.

3.

Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 and 2 and 2/6

the learned Additional Public Prosecutor for the third respondent and perused the materials available on record.

4.

The case of the petitioner is that the property in Survey No.366/3, measuring to an extent of 21 cents was purchased by the petitioner's grandfather in the year 1979 and after his demise, the petitioner's father became the absolute owner of the same and the revenue authorities also issued patta in favour of the petitioner's father. While so, the petitioner's father died on 07.02.2023 and thereafter, the petitioner and his brother are the absolute possession and enjoyment of the same. It is the grievance of the petitioner that the respondents 4 to 7 are causing dispute regarding the boundary of the above said land. Therefore, the petitioner has given applications on 27.02.2023 and 08.03.2024 to survey the said property and demarcate its boundaries. However, the same has not been considered by the respondents 1 and 2.

5.

Considering the limited nature of the relief sought for in the present Writ Petition, there shall be a direction to the respondents 1 and 2 to consider the applications of the petitioner dated 27.02.2023 and 08.03.2024 3/6

and pass appropriate orders, for survey of the property and demarcate its boundaries, giving notice to the neighbouring land owners viz. respondents 4 to 7and any other 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.

23.04.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 4/6

To 1.The Tahsildar, Veppanthattai Taluk, Perambalur District.

2.The Head Land Surveyor, Veppanthattai Taluk, Perambalur District.

3.The Inspector of Police, V.Kalathur Police Station, Perambalur District.

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N.SATHISH KUMAR , J.

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