Amutha v. The Tahsildar

In the High Court of Judicature at Madras Dated : 30.4.2025 Coram :

The Honourable Mr.Justice N.ANAND VENKATESH Writ Petition No.16573 of 2025 Amutha

...Petitioner

Vs 1.The Tahsildar, Perambalur Taluk, Perambalur District.

2.The Assistant Director, Land Survey Records, District Land Survey Department, Perambalur District.

3.The Inspector of Police, Perambalur Police Station, Perambalur District.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st and 2nd respondents to survey the land with the aid of the 3rd respondent belonging to the petitioner in respect of survey No.16/1AC, Thoramangalam Village, Perambalur District to a total extent of 8 cents based on the petitioner's application vide Challan No.2025/ 0123/16/003679 dated 24.2.2025 within a time frame that may be stipulated by this Court.

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For Petitioner :

Mr.C.Iyyappa Raj For R1 & R2 :

Mr.A.Selvendran, SGP For R3 :

Mr.Meganathan, GA

ORDER

This writ petition has been filed for the issuance of a Writ of Mandamus directing respondents 1 and 2 to conduct a survey in respect of the property in survey No.16/1AC, Thoramangalam Village, Perambalur District measuring 8 cents with the aid of the third respondent and demarcate its boundaries pursuant to the online application submitted by the petitioner dated 24.2.2025 to the first respondent.

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

3. The petitioner is relying upon (i) a Will dated 03.4.1989, (ii) the judgment and decree dated 28.11.2024 passed in O.S.No.21 of 2020 on the file of the Principal District Court, Perambalur and (iii) the 2/4

patta that has been issued in patta No.3679 whereby the petitioner is also one of the joint patta holders. Though the petitioner made the online application dated 24.2.2025 to the first respondent by paying necessary charges to conduct a survey, her request has not yet been considered. Hence, the above writ petition has been filed.

4. Taking into consideration the facts and circumstances of the case and the materials placed before this Court, the writ petition is disposed of with a direction to the first respondent to act upon the online application of the petitioner dated 24.2.2025, conduct a survey in respect of the subject property based on the title documents and the patta relied upon by the petitioner and demarcate its boundaries within a period of four weeks from the date of receipt of a copy of this order. Since there are several other joint patta holders, such a survey shall be conducted in the presence of the interested parties. It is needless to point out that while conducting the survey, if required, the first respondent can seek for police protection from the third respondent. No costs.

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N.ANAND VENKATESH,J RS To 1.The Tahsildar, Perambalur Taluk, Perambalur District.

2.The Assistant Director, Land Survey Records, District Land Survey Department, Perambalur District.

3.The Inspector of Police, Perambalur Police Station, Perambalur District.

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