Vasudevan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P. No.25344 of 2025 Vasudevan Petitioner(s) Vs 1.The Tahsildar, Pochampalli Taluk, Krishnagiri District.

2.The Firka Surveyor, Barur, Pochampalli Taluk, Krishnagiri District.

3.The Village Administrative Officer, Barur Village, Pochampalli Taluk, Krishnagiri District.

4.The Inspector of Police, Barur Police Station, Krishnagiri District.

5.T.Ravi Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent in 2025/N123/31/007129 dated 28.03.2025 and to quash the same 1/6

and consequentially direct the respondents 1 to 3 to conduct survey of the land in Survey No.589/20 in Barur Village, Pochampalli Taluk, Krishnagiri District with the assistance of 4th respondent.

For Petitioner(s) : Mr.J.Pradeep For Respondent(s) : Mr.A.Selvendran Special Government Pleader (for R1 to R3) Mr.R.Kishore Kumar Government Advocate (Crl. Side) (for R4)

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the 5th Respondent is dispensed with.

2. The present writ petition is filed praying for a writ of Certiorarified Mandamus whereby the order dated 28.03.2025 is challenged.

3. It is submitted by the learned counsel for petitioner that he had earlier taken out an application for survey of the land comprised in Survey No.589/20 situated at Barur Village, Pochampalli Taluk, Krishnagiri District, measuring an extent of 0.28 hectares. It is further submitted that Natham patta has been issued in the name of petitioner in Patta No.156 in respect of the subject property. 2/6

Petitioner had earlier taken out an online application on 22.01.2025 and paid the necessary fee, however, when the subject property was sought to be surveyed, there was resistance/ objection by the 5th respondent, as a result respondent authorities could not proceed with the survey. It is under these circumstances, petitioner has filed the present writ petition challenging the impugned proceedings dated 28.03.2025 wherein the 1st respondent had stated that survey could not be carried out in view of objections raised by the 5th respondent. It is the case of the petitioner that if there was any objection, the 1st respondents ought to have taken the assistance of the Police and completed the survey. Aggrieved, petitioner has filed the present writ petition.

4. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader for respondents 1 to 3 that they would conduct survey of the petitioner's property after the petitioner submits relevant documents such as patta and other records to demonstrate his right/ title over the subject property. It is further submitted that if there is any difficulty in carrying out survey, the authorities concerned would take assistance of the 4th respondent/ Police.

5. Mr.R.Kishore Kumar, learned Government Advocate (Crl. Side) appearing for the 4th respondent would submit that if any request for police 3/6

protection is made, adequate protection would be provided for carrying out survey.

5. In view thereof, the writ petition stands disposed of with a direction to the appropriate respondent to carry out a survey of the petitioner's property upon submission of necessary documents by petitioner. The concerned authority shall seek police protection, if required. If any such protection is sought, adequate protection would be extended by 4th respondent for carrying out survey. The above exercise shall be completed within a period of 12 weeks from the date of uploading of web copy without waiting for receipt of certified copy after giving prior notice to the petitioner, 5th respondent, adjacent land owners and other interested parties 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. Consequently connected miscellaneous petition is closed.

25.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6

To:

1.The Tahsildar, Pochampalli Taluk, Krishnagiri District.

2.The Firka Surveyor, Barur, Pochampalli Taluk, Krishnagiri District.

3.The Village Administrative Officer, Barur Village, Pochampalli Taluk, Krishnagiri District.

4.The Inspector of Police, Barur Police Station, Krishnagiri District.

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MOHAMMED SHAFFIQ, J.

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