C.A.Palanisamy v. The Revenue Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ C.A.Palanisamy Petitioner(s) Vs 1.The Revenue Tahsildar, Avinashi Taluk, Tiruppur District.

2.The Inspector of Police, Avinashi Police Station, Tiruppur District.

Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 1st respondent to conduct land survey and fix the boundaries to petitioner property measuring 62 1/2 acres comprised in SF No.549/1 of Thekkalur village, avinashi Taluk, Tiruppur District by considering petitioner Online Application No.2025/0123/32/004777 dated 24.5.2025 with police aid from the 2nd respondent for survey and fencing the properties.

For Petitioner(s) : Mr.N.Manokaran For Respondent(s) : Mr.S.Balamurugan Government Advocate (for R1) Mr.R.Kishore Kumar Government Advocate (Crl. Side) (for R2)

ORDER

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By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. The present writ petition is filed praying for a writ of mandamus to direct the 1st respondent to conduct survey of petitioner's property measuring 62 1⁄2 acres comprised in SF No.549/1 of Thekkalur village, Avinashi Taluk, Tiruppur District by considering petitioner's online Application No.2025/0123/32/004777 dated 24.5.2025 with police aid from the 2nd respondent for survey and fence the properties.

3. It is submitted by the learned counsel for petitioner that the subject property comprised in Survey No.549/1, measuring an extent of 62 1⁄2 cents situated at Thekkalur Village, Avinashi Taluk, Tiruppur District was owned by one K.Palanisamy, who sold the property to one C.Lakshmanan, vide sale deed in Document No.14517 of 2024 dated 07.11.2024, said Lakshaman had sold the aforesaid property to the petitioner's vendor Krishnamurthy vide sale deed in Document No.3703 of 2025. Thereafter, the petitioner by virtue of sale deed in Document No.6316 of 2025 dated 30.04.2025, became the owner of subject property. It is further submitted that the petitioner had submitted an online application to the 1st respondent on 24.05.2025 seeking survey of subject 2/4

property and has also paid appropriate charges, however, the 1st respondent has not considered the same till date. Aggrieved, the petitioner has come before this Court.

4. At the outset, it is submitted by Mr.S.Balamurugan, learned Government Advocate for 1st respondent that that they would conduct survey and if there is need for police protection, the Tahsildar would take the assistance of the police. Agreed to by the learned counsel for 2nd respondent.

5. Recording the same, the writ petition stands closed. The 1st respondent is directed to carry out survey of petitioner's property within a period of 8 weeks from the date of receipt of a copy of this order with the aid of 2nd respondent, if needed, after giving prior notice to the petitioner, adjacent land owners and other interested party including rival claimants, if any. 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.

11.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 3/4

MOHAMMED SHAFFIQ, J.

mka To:

1.The Revenue Tahsildar, Avinashi Taluk, Tiruppur District.

2.The Inspector of Police, Avinashi Police Station, Tiruppur District.

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