Madras High CourtWP/17920/2025disposed of

R.Ramesh Babu v. The Revenue Tahsildar

2025-06-05Honourable Mr Justice Mohammed Shaffiq7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ R.Ramesh Babu ... Petitioner Vs.

1.The Revenue Tahsildar, Ulundurpet Taluk, Kallakurichi District.

2.The Inspector of Police, Thirunavalur Police Station, Kallakurichi District.

3.A.Sivakumar 4.R.Narayanan 5.R.Padmanathan 6.Sachithanandam 7.Ramachandran 8.Subramanian 9.Pandurangan 10.Murugan .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the 1st respondent to conduct land survey with police aid for fixing the boundaries for fencing petitioner's properties purchased under the sale deeds dated 11.11.2022 (Doc.No.2989/2022) and 21.02.2024 (Doc.No.488/2024), by

considering his Online Application No.2024/0123/33/002023 dated 01.07.2024 and the Chalan No.20240702030256 dated 02.07.2024 for survey charges.

For Petitioner : Mr. N.Manokaran For Respondents : Mr. A.Selvendran, Spl.GP for R1 Mr.R.Kishore Kumar GA(Crl.Side) for R2

O R D E R

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 order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the Respondents 3 to 10 is dispensed with.

2. Mr.A.Selvendran, learned Spl. Govt. Pleader takes notice for the 1st respondent and Mr.R.Kishore Kumar, learned Govt. Advocate (crl.side) takes notice for the 2nd respondent.

3. This Writ Petition is filed praying for issuance of Writ of Mandamus directing the 1st respondent to conduct land survey with police aid for fixing the boundaries for fencing petitioner's properties purchased

under the sale deeds dated 11.11.2022 (Doc.No.2989/2022) and 21.02.2024 (Doc.No.488/2024), by considering his Online Application No.2024/0123/33/002023 dated 01.07.2024 and the Chalan No.20240702030256 dated 02.07.2024 for survey charges.

4. The learned counsel for the petitioner submitted that the petitioner and his wife had purchased 6.80 1⁄2 acres and 23 cents respectively at Senthamangalam Village, Kallakurichi Ditrict vide sale deed dated 11.11.2022 under document No.2989/22 and sale deed dated 21.02.2024 under document No.488/2024. The petitioner, subsequent to the purchase of lands, had applied to the 1st respondent for conducting survey of lands and also paid the appropriate survey fee, as early as on 02.07.2024.

5. It is also submitted by the learned counsel for the petitioner that the 1st respondent has already requested the 2nd respondent to provide police protection while conducting survey of lands, as the private respondents have allegedly encroached on petitioner's property.

6. Learned Special Govt. Pleader appearing for the 1st respondent would submit that they would consider the petitioner's online application dated 01.07.2024 and carry out a survey, demarcate the subject property on payment of necessary survey fee and complete the process within a time frame fixed by this Court, which was agreed to by the learned counsel for the petitioner.

7. Learned Govt. Advocate (crl.side) appearing for the 2nd respondent would submit that adequate police protection would be provided while conducting survey of lands.

8. In view thereof, the writ petition stands disposed of with the direction to the 1st respondent to consider petitioner's online application dated 01.07.2024 and carry out a survey, demarcate the subject property based on the title document and the patta that stands in the name of the petitioner 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, respondents 3 to 10 and other interested parties including rival claimants if any. If there are any rival claimants, such survey would be

conducted in their presence. The 2nd respondent is directed to provide adequate police protection, if necessary, while surveying lands. 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 Index : Yes/No : Yes/No Speaking/non-speaking order msr To 1.The Revenue Tahsildar, Ulundurpet Taluk, Kallakurichi District.

2.The Inspector of Police, Thirunavalur Police Station, Kallakurichi District.

3.The Public Prosecutor, High Court, Madras.

MOHAMMED SHAFFIQ, J.

msr

05.06.2025