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, Nambiyur Taluk, Erode District.

2.The Inspector of Police, Nambiyur Police Station, Erode 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 9.67 acres comprised in SF Nos.253, 273/8, 290/2, 311/10,317/6, 317/8,317/9, and 526/2, of kosanam A village Nambiyur Taluk, Erode District, by considering petitioner Online Application.

For Petitioner(s) : Mr.N.Manokaran For Respondent(s) : Mr.S.J.Mohamed Sathik Government Advocate (for R1) Mr.R.Kishorekumar Government Advocate (Crl. 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 1st respondent to conduct land survey and fix the boundaries to petitioner's property measuring 9.67 acres comprised in SF Nos.253, 273/8, 290/2, 311/10, 317/6, 317/8, 317/9 and 526/2 of Kosanam A Village, Nambiyur Taluk, Erode District, by considering petitioner's online application.

3. It is submitted by the learned counsel for petitioner that petitioner is the owner of property comprised in Survey Nos.253, 273/8, 290/2, 311/10, 317/6, 317/8, 317/9 and 526/2, situated in Kosanam A Village, Nambiyur Taluk, Erode District. In respect of the properties situated in above survey Nos. one Pongianna Gounder had filed O.S.No.203 of 1991 on the file of District Munsif Court, Gobichettipalayam against petitioner's vendors for relief of permanent injunction, which was dismissed on 22.08.1995. The said Pongianna gounder filed A.S.No.79 of 1995 on the file of Sub-Court, Gobichettipalayam, which came to be dismissed on 03.12.1996. Aggrieved, Pongianna gounder filed 2/6

S.A.No.1155 of 1997 before this Court, which was also dismissed on 31.1.2019. It is further submitted that the petitioner had applied for mutation of entries and obtained patta as under:

Patta No.103 SF.No.290/2 Patta No.104 SF.Nos.317/6 and 317/8 Patta No.775 SF.No.273/8 Patta No.1518 SF.No.253/2 Patta No.1629 SF.No.317/9 Patta No.1670 SF.No.311/10 Patta No.1859 SF.No.526/2 3.1. The petitioner had submitted an online application on 16.05.2025 seeking survey of the subject property and has also paid appropriate fees. However, due to non-cooperation of the 2nd respondent, the survey has not been carried out by the 1st respondent till date. Aggrieved by the same, the petitioner has filed this writ petition.

4. At the outset, it is submitted by Mr.S.J.Mohamed Sathik learned Government Advocate for 1st respondent 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. 3/6

5. Recording the same, the writ petition stands closed. The respondents are 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 4/6

To:

1.The Revenue Tahsildar, Nambiyur Taluk, Erode District.

2.The Inspector of Police, Nambiyur Police Station, Erode District.

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MOHAMMED SHAFFIQ, J.

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