K.Palanivel v. The Tahsidlar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Palanivel ... Petitioner Vs.
1. The Tahsildar, Jayankondam, Ariyalur District.
2. The Surveyor, Angarayanallur (West), Madhura Karadikulam Village, Ariyalur District.
3. The Inspector of Police, Jayankondam Police Station, Ariyalur District.
4. Neelamegam ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents 1 and 2 herein to conduct the survey of the land in Survey No.96/8B of Angarayanallur (West), Madhura Karadikulam Village, Udayarpalayam Taluk, Ariyalur District to an extent of 1.50 ares based on the petitioner's application No.2025/N123/17/004286 dated 15.04.2025 with the assistance of the third respondent herein within a time frame fixed by this Court.
For Petitioner :
Mr.P.Vetrivel For Respondents :
Mr.A.Selvendran Spl. Govt. Pleader for R1 & R2 Mr.R.Kishore Kumar Govt. Advocate (Crl. Side) for R3
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus directing respondents 1 & 2 to act upon the application submitted by petitioner on 15.04.2025 wherein petitioner is seeking for survey of the subject property with the assistance of third respondent.
2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. Since no adverse order is going to be passed, notice to fourth respondent is dispensed with.
3. The case of the petitioner is that the subject property comprised in Survey No.96/8B measuring an extent of 1.50 ares situated at Angarayanallur (West), Madhura Karadikulam Village, Udayarpalayam Taluk, Ariyalur District is an ancestral property and the same was inherited
by him vide partition deed dated 28.04.2016 registered as Document No.821 of 2016 on the file of Sub Registrar Office, Jayankondam. Subsequent to the purchase, petitioner has been in peaceful possession and enjoyment of the subject property. Later, petitioner has obtained patta in his favour and all the revenue records were mutated in his name and that he has also been paying property tax for the subject property. Petitioner wanted a survey to be conducted in the subject property. Therefore, he made an application to respondents1 & 2 on 15.04.2025 enclosing all necessary details along with the prescribed payment of fee. When attempt was made to survey the property, there was resistance from fourth respondent and therefore, petitioner made a complaint on 03.06.2025 before third respondent. But till date the survey has not been conducted. Hence, the present writ petition has been filed.
4. At the outset, it is submitted by Mr.A.Selvendran, learned Additional Government Pleader appearing for respondents 1 & 2 that they will consider the petitioner's application and survey the petitioner's land
within a period of eight weeks, which was agreed to by learned counsel for petitioner.
5. It is further submitted by the learned Additional Government Pleader that in case Police protection is required, respondents 1 & 2 would request third respondent. When this was pointed out, learned Government Advocate (Crl.Side), appearing for third respondent would submit that if any such request is made, adequate police protection will be granted.
6. In view thereof, this Writ Petition stands disposed of with a direction to the concerned respondent to consider petitioner's application dated 15.04.2025 to carry out survey and pass appropriate orders after putting petitioner, fourth respondent and any other interested parties / rival claimants, if any, on notice within a period of eight weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. It is open to respondents 1 & 2 to request for Police protection before third respondent. If any such request is made, third respondent is directed to
provide adequate Police protection for conducting survey. It is made clear that this Court has not expressed any view with regard to the merits of the case and it is open to the concerned respondent to consider the case on its own merits and in accordance with law. No costs. 17.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To
1. The Tahsildar, Jayankondam, Ariyalur District.
2. The Surveyor, Angarayanallur (West), Madhura Karadikulam Village, Ariyalur District.
3. The Inspector of Police, Jayankondam Police Station, Ariyalur District.
MOHAMMED SHAFFIQ, J.
vji 17.06.2025