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Madras High CourtWP/17841/2025disposed of

Velu v. The Tahsildar

2025-06-05Honourable Mr Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 05.06.2025

CORAM

THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ Velu ... Petitioner Vs.

1.The Tahsildar, Edappadi, Salem District.

2.The Inspector of Police, Konganapuram Police Station, Salem District.

3.Kunchupaiyan 4.Raju @ Loganathan 5.Prakash 6.Mahesh 7.Sivapakiyam 8.Sudha 9.Ayyamperumal 10.Selvakumar 11.Santosh 12.Kaliminiyan 13.Palamani 14.Kuppaiye 1/6

15.Chinnapaiyan 16.Ponnuthai 17.Palanisamy 18.Kannan 19.Selvi ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents No.1 to survey & point out the field boundaries of his property comprised in Survey No.290/1D at Koranampatty Village, Edapadi Taluk, Salem District to an total extend of 26 1/2 cents with police aid for survey and fixing fencing to the above said property in pursuance of his representation dated 22.11.2024.

For Petitioner : Mr.C.Deepakkumar For Respondent 1 : Mr.P.Sathish, Additional Government Pleader For Respondent 2 : Mr.R.Kishore Kumar, Government Advocate (Crl.side)

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the 2/6

order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to respondent Nos.3 to 19 is dispense with.

2. The present writ petition is filed praying for a writ of mandamus, to direct the respondent No.1 to survey & point out the field boundaries of his property comprised in Survey No.290/1D at Koranampatty Village, Edapadi Taluk, Salem District measuring a extent of 26 1/2 cents with police aid for survey and fixing fencing to the above said property in pursuance of his representation dated 22.11.2024.

3. It is submitted by the learned counsel for the petitioner that the petitioner is the absolute owner of the property comprised in S.Nos.290/1D to an extent of 26 1/2 cents. The above said property was purchased vide sale deed registered as Doc.No.273/2024. The petitioner had take out an application for surveying of the aforesaid property and also sent a representation dated 22.11.2024 to the second respondent, seeking police protection for the survey. Since the petitioner's representation was not considered by the respondent till date, the present writ petition has been filed before this Court. 3/6

4. On this being pointed out, the learned Additional Government Pleader would submit that they would consider the petitioner's representation dated 22.11.2024 and carry out a survey and complete the process within a time frame fixed by this Court, which was agreed to by the learned counsel for the petitioner.

5. It is further submitted by the learned Additional Government Pleader that in case police protection is required they would request the 2nd respondent. When this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar appearing for the 2nd respondent would submit that if any such request is made adequate police protection will be granted.

6. In view thereof, the writ petition stands disposed of with the direction to the official respondents to consider petitioner's representation dated 22.11.2024 and carry out a survey and complete the process within a period of 8 weeks from the date of receipt of a copy of this order after giving prior notice to the petitioner, the respondents 3 to 19, adjacent 4/6

land owners and other interested parties including rival claimants if any. It is open to the first respondent to request for police protection before the 2nd respondent. If any such request is made the 2nd respondent is directed to provide adequate police protection for conducting the survey. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs.

05.06.2025 Speaking/Non-speaking order Index : Yes / No vm To 1.The Tahsildar, Edappadi, Salem District.

2.The Inspector of Police, Konganapuram Police Station, Salem District.

MOHAMMED SHAFFIQ.J., vm 5/6

05.06.2025 6/6