V.Sivakumar v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ V.Sivakumar ... Petitioner(s) Vs.
1.The Tahsildar, Office of the Tahsildar, Coimbatore South Taluk, Coimbatore District.
2.The Surveyor, Survey and Land Records Department, Office of the Tahsildar, Coimbatore South Taluk, Coimbatore District.
3.The Inspector of Police, Ramanathapuram Police Station, Coimbatore.
4.T.Harikrishnan 5.T.Selvam 6.Gopalakrishnan 7.Maheswari 8.Jothimani 9.Loganayagi 10.Vasanthamani 11.Rohit
...Respondent(s)
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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to measure (survey) demarcate and fix the boundary with the protection of the 3rd respondent in property measuring 4475 Square Feet with houses in TSLR Nos.2094/1, 2094/57, 2780/2, 2781/1, 3, 5, 6 and 2775/1 in Ramanathapuram Village, Coimbatore Taluk, Coimbatore District considering the Online Applications dated 05.10.2024 in Petition No.2024/0178/000143, dated 05.12.2024 in Petition No.2024/0178/12/000233, dated 14.12.2024 in Petition No.2024/0178/12/000251 dated 14.12.2024 in Petition No.2024/0178/12/000252 and the physical representation dated 23.5.2025 within a time frame fixed by this Hon'ble Court. For Petitioner(s) : Mr.N.S.Suganthan 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. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to respondents 4 to 11 are dispensed with. 2/7
2.The present writ petition is filed praying for a Writ of Mandamus to direct the respondents 1 and 2 to survey, demarcate and fix boundaries of the subject properties with the help of police protection from the 3rd respondent in respect of property comprised in TSLR Nos.2094/1, 2094/57, 2780/2, 2781/1, 3, 5, 6 and 2775/1, measuring a total extent of 4475 sq.ft. with houses, situated at Ramanathapuram Village, Coimbatore Taluk, Coimbatore District by considering online applications dated 05.10.2024, 05.12.2024, 14.12.2024 and representation dated 23.5.2025 within a time frame to be fixed by this Court.
3.It is submitted by the learned counsel for petitioner that he is the owner of the subject property by virtue of settlement deeds vide Document No.765 of 2006 dated 09.03.2006 and Document No.3398 of 2008 dated 10.11.2008 registered before the Sub Registrar, Peelamedu. It is submitted that petitioner submitted applications/ representation to survey and demarcate the subject properties in TSLR Nos.2094/1, 2094/57, 2780/2, 2781/1, 3, 5, 6 and 2775/1, measuring total extent of 4475 sq.ft. and had also paid necessary fees for the same. However, the respondents 4 to 11 obstructed the conduct of survey of the subject 3/7
properties. Aggrieved by the same, the present writ petition has been filed before this Court. Further, learned counsel for the petitioner would request that adequate police protection may be provided at the time of survey.
4.Learned Special Government Pleader for the respondents 1 and 2 would submit that they would consider representation dated 23.05.2025 and they conduct survey, demarcate and fix boundaries on the subject properties 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 the 3rd respondent. When this was pointed out, the 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.
5.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 23.05.2025 and conduct survey, demarcate and fix boundaries of the subject properties, after putting the petitioner, 4/7
respondents 4 to 11, adjacent land owners and other interested parties including rival claimants, if any, on notice, within a period of 12 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 carrying out survey and demarcation. 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.
01.07.2025 Index : Yes/ No Speaking / Non Speaking Order pam 5/7
To 1.The Tahsildar, Office of the Tahsildar, Coimbatore South Taluk, Coimbatore District.
2.The Surveyor, Survey and Land Records Department, Office of the Tahsildar, Coimbatore South Taluk, Coimbatore District.
3.The Inspector of Police, Ramanathapuram Police Station, Coimbatore.
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MOHAMMED SHAFFIQ, J.
pam 01.07.2025 7/7