R.Alamelu v. The Thasildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ R.Alamelu ... Petitioner Vs.

1. The Tahsildar, Vanapuram Taluk, Pagandai Kootu Salai, Kallakurichi District.

2. The Firka Surveyor, Land Survey, Vanapuram Taluk, Pagandai Kootu Salai, Kallakurichi District.

3. Uma Maheswari

4. The Inspector of Police, Manalurpet Police Station, Kallakurichi District.

... Respondents (R4 suo motu impleaded as per order of this Court dated 26.06.2025)

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the respondents 1 & 2 to conduct survey, demarcation and place boundary stones and complete process within specified period with respect of the property comprised in Survey No.188/41 in Sithapattinam Village, Manalurpet Post, Vanapuram Taluk, Kallakurichi District, through consider and dispose off the petitioner's application dated 23.05.2025 on merits and in accordance with law.

For Petitioner :

Mr.P.Rajendran For Respondents :

Mr.P.Ganesan Government Advocate for R1 & R2 Mr.R.Kishore Kumar Govt. Advocate (Crl.Side) for R4 / newly impleaded respondent

O R D E R

The Inspector of Police, Manalurpet Police Station, Kallakurichi District, is suo motu impleaded as fourth respondent in this writ petition. Mr.R.Kishore Kumar, learned Government Advocate (Crl.Side), accepts notice for newly impleaded fourth respondent.

2. This writ petition has been filed seeking issuance of a writ of mandamus directing respondents 1 & 2 to conduct survey and demarcate the boundaries pursuant to the application submitted by the petitioner on 23.05.2025.

3. 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 third respondent is dispensed with.

4. The case of the petitioner is that petitioner is the owner of the property comprised in Old Natham Survey No.69/1, New Natham Survey No.188/41, measuring to an extent of 0.72 ares situated at Sithapattinam Village, Manalurpet Post, Vanapuram Taluk, Kallakurichi District. It is submitted that the assignment order was issued by the first respondent on 25.08.2023 with specific boundaries. Pursuant to the assignment, the revenue records were mutated in the name of the petitioner. Subsequently, patta was issued in the name of the petitioner for Natham Survey No.188/41

vide Patta No.770 and 'A' register was also accordingly mutated in his name. The petitioner had now taken out an application on 23.05.2025 to conduct survey and demarcate the boundaries by remitting necessary fee. Since the same was not considered, the present writ petition has been filed.

5. At the outset, it is submitted by Mr.P.Ganesh, learned Government Advocate appearing for respondents 1 & 2 they will consider the petitioner's application and survey the petitioner's land within a period of eight weeks from the date of receipt of a copy of this order, which was agreed to by learned counsel for petitioner.

6. It is further submitted by the learned Government Advocate that in case Police protection is required, respondents 1 & 2 would request fourth respondent. When this was pointed out, learned Government Advocate (Crl.Side), appearing for fourth respondent would submit that if any such request is made, adequate police protection will be granted.

7. In view thereof, this Writ Petition stands disposed of with a direction to the concerned respondent to consider the petitioner's application dated 23.05.2025 to carry out survey and demarcate the petitioner's land and pass appropriate orders after putting the petitioner, third respondent, adjacent land owners and any other rival claimants if any on notice within a period of eight weeks from the date of receipt of a copy of this order. It is open to respondents 1 & 2 to request for police protection before the fourth respondent. If any such request is made, fourth respondent is directed to provide adequate police protection for conducting the 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. 26.06.2025 Note: Registry is directed to carry out necessary amendment in all the concerned records.

NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The Tahsildar, Vanapuram Taluk, Pagandai Kootu Salai, Kallakurichi District.

2. The Firka Surveyor, Land Survey, Vanapuram Taluk, Pagandai Kootu Salai, Kallakurichi District.

3. The Inspector of Police, Manalurpet Police Station, Kallakurichi District.

MOHAMMED SHAFFIQ, J.

vji 26.06.2025