P.Ganesan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH P.Ganesan S/o.Perumal, No.1/243, Kattukkottai, Nainarpalaiyam, 1st Ward, Paithur Village, Salem District.

Petitioner(s) Vs

1. The District Collector Collectorate, Salem District.

2.The Tahsildar Taluk Office, Attur Town And Taluk, Salem District.

3.The Inspector Of Police Attur Rural Police Station, Attur Town And Taluk, Salem District.

Respondent(s) Prayer:

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus, to direct the second respondent to depute a competent surveyor to make survey to the 1/4

petitioner's land in survey No.280/3A, which is situated at Kattukkottai, Nainarpalaiyam, 1st ward Paithur Village and Post, Attur Taluk, Salem District with the aid of the 3rd respondent to give police protection on surveying the petitioner's land.

For Petitioner :

Ms.R.Dheebika for Mr.R.Naresh Kumar For Respondents :

Mr.A.Selvendran Special Government Pleader for R1 and R2 Mr.V.J.Priyadarsana Government Advocate (Crl.Side) for R3 *****

O R D E R

This writ petition has been filed for issue of a writ of mandamus directing the second respondent to act upon the online application submitted by the petitioner on 04.04.2024, wherein the petitioner has sought for survey of the subject property and demarcation of boundaries.

2. Heard the learned counsel for the petitioner, the learned Special Government Pleader for respondents 1 and 2 and the learned Government Advocate (Crl.Side) for the third respondent. 2/4

3. The petitioner is placing reliance upon the sale deed dated 17.07.1957 which stood in the name of his grandfather and the sale deed dated 01.12.1974 executed in favour of the petitioner's father. The petitioner is placing reliance upon the patta that was granted in favour of the petitioner and his brother in respect of the subject property in Patta No.3725. The petitioner wanted a survey to be conducted in the subject property. Hence, the petitioner submitted an application on 04.04.2024 by paying necessary charges. Since the same was not acted upon, the present writ petition came to be filed before this Court seeking for appropriate directions.

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 second respondent to act upon the online application submitted by the petitioner on 04.04.2024 and conduct survey in the subject property based on the title documents and the patta that stands in the name of the petitioner and his brother. This process shall be completed within a period of four weeks from the date of receipt of a copy of this order. If there are any interested parties, such survey shall be conducted in their presence. If police protection is required, the second respondent can make a request to the third respondent. 3/4

N.ANAND VENKATESH, J mk The Writ Petition is disposed of in the above terms. There shall be no order as to costs.

21.04.2025 Index: Yes/no Speaking Order/Non-Speaking Order mk To

1. The District Collector Collectorate, Salem District.

2.The Tahsildar Taluk Office, Attur Town And Taluk, Salem District.

3.The Inspector Of Police Attur Rural Police Station, Attur Town And Taluk, Salem District.

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