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Madras High CourtWP/16966/2024disposed of

A.Leema Rose v. The Revenue Tahsildar

2026-03-17Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-03-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY A.Leema Rose ..Petitioner(s) Vs

1. The Revenue Tahsildar (land Survey), Tiruvallur Taluk, Tiruvallur District.

2. N.Arokiya Mery ..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 1st respondent to conduct land survey of petitioner's house site measuring 6115 sq.ft., (14 cents) bearing new S.No.459/10 (Natham S.No.99/1) Thirupanthiyur Village, Thiruvallur Taluk and district by considering petitioner's application dated 13.03.2024 and representation dated 30.05.2024.

For Petitioner(s):

Mr.N.Manokaran For Respondent(s):

Mr.T.K.Saravanan, AGP for R1 M/s.S.Revathy for R2

ORDER

This writ petition is filed to direct the 1st respondent to conduct land survey of petitioner's house site measuring 6115 sq.ft., (14 cents) bearing new S.No.459/10 (Natham S.No.99/1) Thirupanthiyur Village, Thiruvallur Taluk

and district by considering petitioner's application dated 13.03.2024 and representation dated 30.05.2024.

2. Learned counsel for the petitioner would submit that the petitioner is the owner of the house site measuring an extent of 6155 sq.ft, comprised in new S.F.No.459/10 (Natham S.No.99/1), Thirupanthiyur Village, Thiruvallur Taluk and District by virtue of sale deed dated 26.06.2007 executed by one Mr.Malappadi Abraham Naidu. Since the second respondent has objected to clear the bushes in the said land, as if there is some dispute over the boundary line. In order to get patta and to fix boundary lines, the petitioner has submitted an application date 13.03.2004 along with requisite fee and documents. When the officials came to survey the subject property, the second respondent made an objection and created a law and order problem. Therefore, the petitioner has made a representation dated 30.05.2024, before the first respondent to conduct a survey by considering her application dated 13.03.2004. However, no order was passed, as on date. Hence, the petitioner has filed this writ petition.

3. Learned Government Advocate appearing for the first respondent would submit that, based on the petitioner's application, the survey was conducted on 28.06.2024, however, the same was not completed due to the obstruction created by the second respondent.

4. Learned counsel appearing for the second respondent would submit that the second respondent is the owner of the property in S.Nos.459/5, 459/6 and 459/7 and previously, she was the owner of the property comprised in S.Nos.459/8 and 459/9, which was sold to one Jayamary. Now, under the pretext of owner, the petitioner is trying to encroach the S.Nos.459/8 and 459/9. Hence, she made an objection to survey the properties.

5. In reply to the said submission, learned counsel for the petitioner would submit that the petitioner is only concerned about the property in S.No.459/10.

6. Heard the learned counsel on either side and perused the materials available on record.

7. In the case on hand, the petitioner made an application dated 13.03.2004 to survey the land and fix the boundary stones in regard to S.No.459/10 to an extent of 6115 sq.ft., Such being the case, I do not find any prejudice would be cast upon the second respondent for measuring the petitioner's property. Further, as on date, the second respondent is not the owner of the property comprised in S.Nos.459/8 and 459/10 and the same was sold to one Jayamary.

8. In view of the above, this Court issues the following directions: (i) The first respondent is directed to conduct a survey and lay the boundary stones in respect of S.No.459/10, by issuing due notice to the petitioner as well as the second respondent and one Jayamary, who is the owner of the property comprised in S.Nos.459/8 and 459/9. (ii) In the event there is any obstruction on the part of anybody or by second respondent, the first respondent is directed to approach the concerned jurisdictional police, who in turn is directed to give protection to complete the survey and lay the boundary stones.

(iii) The aforesaid exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. With the aforesaid observation and directions, this writ petition stands disposed of. No costs.

17-03-2026 Index: Yes/No Speaking/Non-speaking order VM

To:

1. The Revenue Tahsildar, (land Survey), Tiruvallur Taluk, Tiruvallur District.

KRISHNAN RAMASAMY, J.

VM 17-03-2026