P.Sarojini v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH P.Sarojini W/o.Ponnusamy, No.100, Cross 2 P.M.Samy Colony, Coimbatore North, Coimbatore- 641 027.

Petitioner Vs

1. The Tahsildar Sulur Taluk, Sulur, Coimbatore District 2.The Taluk Surveyor Sulur Taluk Office, Sulur, Coimbatore District 3.The Karnataka Bank Limited, Rep by its Authorised Officer Ramanathapuram Branch, 1114-c, Ground Floor, SAC Chambers, Trichy Road, Ramanathapuram, Coimbatore- 641 045.

4.The Inspector Of Police Sulur Police Station, Sulur, Coimbatore District.

5.E.Ramachandran 1/4

S/o.Eswaraorthy, No.66/1, B-2, Door No.99/6, Navithan Kaadu Thottam, Kadampadi Post, Sulur Road, Segathurai, Coimbatore - 641 401.

Respondent(s) Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus, to direct the first and second respondents to survey the property in S.F. No. 66/1B2A, subdivide and demarcate 42 cents with RCC building as per settlement deed dated 06.05.2015 vide document No.4712 of 2015 on the file of SRO, Sulur with the assistance of the fourth respondent as requested by the third respondent.

For Petitioner :

Mr.K.Magesh For Respondents :

Mr.P.Sathish Additional Government Pleader for R1 and R2 Mr.Meganathan Government Advocate for R4 *****

O R D E R

This writ petition has been filed for a writ of mandamus directing the respondents 1 and 2 to act upon the application submitted by the third respondent seeking for survey of the subject property and for demarcation of boundaries.

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2. Heard the learned counsel for the petitioner, the learned Additional Government Pleader for the respondents 1 and 2 and the learned Government Advocate for the fourth respondent.

3. The petitioner is the auction purchaser and the auction was conducted by the third respondent. The third respondent has submitted an application before the respondents 1 and 2 seeking for survey of the subject property and for demarcation of the boundaries. When the survey was sought to be conducted, it was interfered by the fifth respondent and hence, no survey was 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 first respondent to act upon the application submitted by the third respondent and conduct survey in the subject property, within a period of four weeks from the date of receipt of a copy of this order. If at all the fifth respondent has any grievance, he has to work out his remedy before the competent Court and he cannot stop the revenue authorities from conducting the survey. If required, the fourth respondent shall also provide police protection. 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.

30.04.2025 Index: Yes/no Speaking Order/Non-Speaking Order mk To

1. The Tahsildar Sulur Taluk, Sulur, Coimbatore.

District 2.The Taluk Surveyor Sulur Taluk Office, Sulur, Coimbatore District.

3.The Inspector Of Police Sulur Police Station, Sulur, Coimbatore District.

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