Manjunatha Reddy v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Manjunatha Reddy ... Petitioner Vs.

1. The Tahsildar, Taluk Office, Hosur Taluk, Krishnagiri District - 635 109.

2. The Taluk Head Surveyor, Taluk Office, Hosur Taluk, Krishnagiri District - 635 109.

3. The Inspector of Police, Nallur Police Station, Hosur Taluk, Krishnagiri District.

4. Srinivas

5. SJV Chelliah ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the respondents 1 & 2 to act upon the petitioner's application dated 29.03.2025 and conduct the survey of the land admeasuring an extent to 50 cents comprised in Survey No.34/1B, situated in Santhapuram Agraharam Village, Hosur Taluk, Krishnagiri District and demarcate the boundaries by availing the assistance of the third respondent in the event of any obstruction from the private respondents and erect barbed fencing at the cost of the petitioner. For Petitioner :

Ms.U.Ramya For Respondents :

Mr.P.Sathish Addl. Govt. Pleader for R1 & R2 Mr.R.Kishore Kumar Govt. Advocate (Crl. Side) for R3

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents 1 & 2 to act upon the application submitted by the petitioner on 29.03.2025 requesting for survey, demarcation of the boundaries and issuance of separate patta with respect to the subject property with police protection.

2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. Since no adverse order is going to be passed, notice to respondents 4 & 5 is dispensed with.

3. The case of the petitioner is that he purchased the property measuring an extent of 70 cents vide registered sale deed dated 25.01.2025, who in turn sold an extent of 20 cents to and in favour of one Venakatasamy Reddy vide sale deed dated 24.02.2025. Petitioner has retained balance 50 cents of land in Survey No.34/1 which is now subdivided as Survey No.34/1B and the revenue records are also mutated in the name of the petitioner. Patta No.5390 stands in the name of the petitioner. Under such circumstances, the petitioner submitted application for conducting survey measuring an extent of 50 cents on 29.03.2025 and since there was some resistance from the respondents 4 & 5, police protection was sought for. Since the same was not acted upon, the present writ petition has been filed before this Court seeking for appropriate direction.

4. At the outset, it is submitted by Mr.P.Sathish, learned Additional Government Pleader for respondents 1 & 2 that they will consider the petitioner's application and measure the petitioner's land and survey the same within a period of eight weeks from the date of receipt of a copy of this order, which was agreed to by the learned counsel for petitioner.

5. It is further submitted by the learned Additional Government Pleader that in case Police protection is required, respondents 1 & 2 would request third respondent. When this was pointed out, the learned Government Advocate, appearing for third respondent would submit that if any such request is made, adequate police protection will be granted.

6. In view thereof, this Writ Petition stands disposed of with a direction to respondents 1 & 2 to consider the petitioner's application dated 29.03.2025 and carry out survey and measure the petitioner's land property and pass appropriate orders after putting the petitioner, adjacent land owners and any other rival claimants if any on notice within a period of eight weeks

from the date of receipt of a copy of this order. It is open to the respondents 1 & 2 to request for police protection before the third respondent. If any such request is made, third respondent is directed to provide adequate police protection for conducting the survey. It is made clear that this Court has not expressed any view with regard to the merits of the case and it is open to the concerned respondent to consider the case on its own merits and in accordance with law. No costs.

03.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The Tahsildar, Taluk Office, Hosur Taluk, Krishnagiri District - 635 109.

2. The Taluk Head Surveyor, Taluk Office, Hosur Taluk, Krishnagiri District - 635 109.

3. The Inspector of Police, Nallur Police Station, Hosur Taluk, Krishnagiri District.

MOHAMMED SHAFFIQ, J.

vji 03.06.2025