R.Pandian v. The Revenue Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ R.Pandian ... Petitioner Vs.
1.The Revenue Tahsildar, Pennagaram Taluk, Dharmapuri District.
2.The Inspector of Police, Pennagaram Police Station, Dharmapuri District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to conduct land survey and fix the boundaries to the petitioner's property measuring 67 cents in S.F.No.966/A and 7 cents in S.F.No.967/A, Pennagaram Village and Taluk, Dharmapuri District, by considering petitioner's online application No.2024/0123/05/001599 dated 27.02.2024, with police aid from the second respondent for survey and fencing and pass orders. For Petitioner(s) : Ms.M.Adhishreee For Respondent(s) : Mr.A.Selvendran Special Government Pleader for R1 Mr.R.Kishore Kumar Government Advocate (Criminal Side) for R2 1/6
ORDER
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 first respondent to conduct land survey and fix boundaries in respect of the petitioner's property comprised in S.F.No.966/A, measuring an extent of 67 cents, and property comprised in S.F.No.967/A, measuring an extent of 7 cents situated at Pennagaram Village and Taluk, Dharmapuri District, by considering petitioner's online application No.2024/0123/05/001599 dated 27.02.2024, with police aid from the second respondent for survey and fencing the subject property.
3. It is submitted by the learned counsel for the petitioner that petitioner and one Ambuselvi purchased the subject property by virtue of a sale deed dated 04.10.2021 (Doc No.4334/2021-SRO, Pennagaram). After the purchase, when the petitioner attempted to fence the boundaries in the subject property, objections were raised by some strangers/adjacent land owners. Thus the petitioner made online application on 27.02.2024 vide petition 2/6
No.2024/0123/05/001599 before the first respondent to carry out survey and fix boundaries in the subject property and has also paid necessary charges. In view of the hostile environment, the first respondent has sought for police protection on more than one occasion to conduct survey in the subject property. However, no police protection was granted. Hence, the petitioner has filed the present writ petition.
4. The learned Special Government Pleader, Mr.A.Selvendran appearing for Respondent No.1 would submit that they would consider the online application dated 27.02.2024 and carry out survey and fix boundaries in the subject property and pass appropriate orders, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.
5. It is further submitted by the learned Special Government Pleader that adjacent land owners and some strangers are causing difficulty to conduct survey in respect of the subject property. Therefore, in case police protection is required they would request the 2nd respondent. When this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar appearing for the 2nd respondent would submit that if any such request is made adequate police protection will be granted.
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6. In view thereof, the writ petition stands disposed of with a direction to the first respondent to consider the petitioner's online application dated 27.02.2024 and carry out survey and fix boundaries in respect of the subject property and pass appropriate orders after putting the petitioner, adjacent land owners and any other interested parties/rival claimants if any on notice, within a period of eight (8) weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. It is open to the first respondent to request for police protection before the 2nd respondent. If any such request is made the 2nd respondent is directed to provide adequate police protection for conducting the survey. 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.
16.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn 4/6
To:
1.The Revenue Tahsildar, Pennagaram Taluk, Dharmapuri District.
2.The Inspector of Police, Pennagaram Police Station, Dharmapuri District.
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MOHAMMED SHAFFIQ, J.
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