M.Ravi v. The Revenue Divisional Officer

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH and WMP No. 16417 of 2025 M.Ravi Petitioner(s) Vs

1. The Revenue Divisional Officer Sub Collector, Tiruvallur 2.The Tahsildar Uttukotai Tlauk, Uttukotai, Tiruvallur District 3.G.Ragupathi 4.E.Sekar 5.S.Maari 6.The Inspector Of Police Periyapalaiyam, Thiruvallur Dt.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to consider the

2/6 representation dated 19.02.2025 of the petitioner and carry out the measurement of the petitioner's land as per his documents and patta and fix the boundary stones with the help of police protection, all within a time frame to be stipulated by this Court.

For Petitioner(s):

Mr.W.M.Abdul Majeed For Respondent(s):

Mr.A.Selvendran Special Government Pleader for R1 and R2 Mr.V.J.Priyadarsana Government Advocate for R6

ORDER

This writ petition has been filed for issue of writ of mandamus directing the 2 nd respondent to act upon the online application submitted by the petitioner on 19.02.2025, wherein, the petitioner is seeking for the survey of the subject property and for demarcation of boundaries.

2.Heard Mr.W.M.Abdul Majeed, learned counsel appearing on behalf of the petitioner, Mr.A.Selvendran, Special Government Pleader appearing on behalf of respondents 1 and 2 and Mr.V.J.Priyadarsana, learned Government Advocate (Criminal Side) appearing on behalf of the 6 th respondent.

3/6 3.The petitioner is relying upon the koorchit of the year 1983 through which the property was divided among the parties. The petitioner is also relying upon the Decree passed in O.S.No.11 of 2014 by the learned District Munsif cum Judicial Magistrate, Oothukottai, wherein, the documents created by the 4 th and 5 th respondents was declared as null and void. The petitioner is also relying upon a Partition Deed dated 22.07.2016 which was registered as Document No.3280 of 2016. The petitioner is placing reliance upon Patta No.1015 issued in the name of the petitioner with respect to the subject property. The petitioner submitted an online application on 19.02.2025 to the 2 nd respondent. When an attempt was made to survey the property, it was resisted by the private respondents. Hence, a complaint was given to the police and it was enquired in a CSR. Thereafter, no survey was conducted and as a result, the present writ petition has been filed before this Court.

4.Taking into consideration the facts and circumstances of the case and the documents relied upon by the petitioner, there shall be a direction to the 2 nd

4/6 respondent to act upon the online application submitted by the petitioner on 19.02.2025 and conduct the survey in the subject property based on the title documents and the patta that stands in the name of the petitioner. The right of the private respondents has already been decided by the Civil Court and hence, they cannot stop the 2 nd respondent from conducting the survey. If any law and order problem is created during the survey, necessary police protection shall be granted by the 6 th respondent. This process shall be completed, within a period of four weeks from the date of receipt of copy of this order. 5.This writ petition is disposed of with the above directions. No Costs. Consequently, connected miscellaneous petition is closed. 24-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To 1.The Revenue Divisional Officer Sub Collector, Tiruvallur 2.The Tahsildar Uttukotai Tlauk, Uttukotai, Tiruvallur District 3.The Inspector Of Police Periyapalaiyam, Thiruvallur Dt.

6/6 N.ANAND VENKATESH J.

ssr 24-04-2025