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Madras High CourtWP/14328/2025disposed of

S.Abdul Suban Sahib v. The Tahsildar

2025-04-23Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. S.Abdul Suban Sahib S/o Sheik Bahadur Sahib, Pootai Village, Sankarapuram Taluk, Kallakurichi District Petitioner(s) Vs

1. The Tahsildar The Tahsildar, Sankarapuram Taluk Office, Sankarapuram, Kallakurichi 2.The Inspector Of Police O/o, The Inspector Of Police, Sankarapuram Police Station, Sankarapuram Taluk, Kallkurichi District Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issue of writ of Mandamus to consider the petitioner's representation dated 11.08.2024,

followed by online application dated 14.04.2025 and direct the 1st respondent to survey the petitioners land in S.No.105/3, measuring approximately 54.00 ares, at Sankarapuram Village and Taluk, Kallakurichi District and the 2nd respondent to provide adequate security for the purpose of survey, within a time frame, and pass orders.

For Petitioner(s):

Mr. R.Gopinath For Respondent:

Mr.P.Sathish Additional Government Pleader for r1 Mr.V.J.Priyadarsana, Government Advocate (Crl.Side) for R2

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 1 st respondent to act upon the on-line application submitted by the petitioner on 14.04.2025 wherein the petitioner has sought for survey of the subject property and for demarcation of boundaries. 2.

Heard Mr.R.Gopinath, learned counsel for the petitioner and MR.P.Sathish, learned Additional Government Pleader for 1 st respondent and Mr.V.J.Priyadarsana, learned Government Advocate (Crl. Side) for 2 nd respondent.

3.

The petitioner is relying upon the sale deed dated 10.06.1996. The petitioner is also relying upon the patta that stands in the name of the petitioner in Patta No.4545. The petitioner initially submitted a representation on 11.08.2024 seeking for the survey of the subject property. Thereafter, the petitioner submitted an on-line application on 14.04.2025. Since the same was not considered, 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 1 st respondent to consider the on-line application submitted by the petitioner on 14.04.2025 and conduct the survey in the subject property and demarcate the boundaries, based on the title deed and the patta that already stands in the name of the petitioner. 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 rival claimants, the survey shall be conducted in their presence. If required, the 1 st respondent can seek for police protection from the 2 nd respondent and it shall be granted.

5.

This writ petition is disposed of with the above directions. No costs.

23-04-2025 rka

Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Tahsildar The Tahsildar, Sankarapuram Taluk Office, Sankarapuram, Kallakurichi 2.The Inspector Of Police O/o, The Inspector Of Police, Sankarapuram Police Station, Sankarapuram Taluk, Kallkurichi District

N.ANAND VENKATESH J.

rka 23-04-2025