Sudha M v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Sudha M.

... Petitioner(s) Vs.

1.The Tahsildar, Mettur Taluk, Salem District.

2.The Head Surveyor, Mettur Taluk, Salem District.

3.The Inspector of Police, Mettur Police Station, Salem 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 and 2nd respondents to survey the petitioner's property in survey number 941/1A1 measuring an extent of 1 Acre 16 ares in Patta No:373 respectively situated at Sampalli Village, Mettur Taluk, Salem District and fix its boundaries as per the revenue records by obtaining adequate police protection from the 3rd respondent based on the petitioner's representation dated 13.05.2025, within the period that may be stipulated by this Hon'ble Court.

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For Petitioner(s) : Mr.A.Arun Kumar for Mr.S.R.Bharathi For Respondent(s) : Mr.A.Selvendran for R1 & R2 Special Government Pleader Mr.R.Kishore Kumar for R3 Government Advocate (Crl. Side)

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 respondents 1 and 2 to survey the petitioner's property in respect of Patta No.373, comprised in S.No.941/1A1, measuring an extent of 1 Acre 16 ares, situated at Sampalli Village, Mettur Taluk, Salem District and to fix its boundaries as per the revenue records with the help of police protection from the 3rd respondent based on the petitioner's representation dated 13.05.2025, within a time frame to be fixed by this Court.

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3.It is submitted by the learned counsel for the petitioner that the above mentioned land originally belonged to petitioner's husband viz., Muthu, the said Muthu executed a Settlement Deed dated 07.10.2015 in favour of petitioner, registered as Document No.1742/2015 before the Sub Registrar, Mettur. It is submitted that after execution of the above settlement deed, possession was handed over to the petitioner. 4.It is further submitted that adjacent land owners attempted to claim some portions of the petitioner's land. Subsequently, petitioner submitted an online application before the second respondent on 11.04.2025 to conduct survey and fix boundaries of the subject property. Thereafter, petitioner submitted a representation dated 13.05.2025 to the first respondent to carry out survey and fix boundaries of the subject property.

Since the petitioner's application and representation were not considered by the respondents till date, the present writ petition has been filed before this Court. Further, the learned counsel for the petitioner would request that adequate police protection may be provided at the time of survey.

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5.Learned Government Advocate for the respondents 1 & 2 would submit that they would consider the petitioner's representation dated 13.05.2025 and they would conduct survey and fix boundaries of the subject property within a time frame to be fixed by this Court. It is further submitted by the learned Special Government Pleader that in case police protection is required they would request 3rd respondent. When this was pointed out, learned Government Advocate, (Criminal Side) appearing for 3rd respondent would submit that if any such request is made, adequate police protection will be granted, which was agreed to by the learned counsel for the petitioner.

6.In view thereof, the writ petition stands disposed of with a direction to the respondents 1 and 2 to consider the petitioner's representation dated 13.05.2025 and conduct survey and fix boundary of the subject property, after putting the petitioner, adjacent land owners and any other interested parties including rival claimants, if any, on notice, within a period of 8 weeks from the date of receipt of a copy of this order. It is open to the respondents 1 and 2 to request for police protection before the 3rd respondent. If any such request is made the 3rd respondent is directed to provide adequate police protection for 4/6

conducting 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.

20.06.2025 Index : Yes/ No Speaking / Non Speaking Order pam To 1.The Tahsildar, Mettur Taluk, Salem District.

2.The Head Surveyor, Mettur Taluk, Salem District.

3.The Inspector of Police, Mettur Police Station, Salem District.

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MOHAMMED SHAFFIQ, J.

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