A.Chitra v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ A.Chitra ... Petitioner Vs.

1. The Tahsildar, Uthangarai Taluk, Krishnagiri District.

2. The Inspector of Police, Kallavi Police Station, Krishnagiri District.

3. Marimuthu

4. Krishnan ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the first respondent to conduct survey and demarcate the boundaries based on the application made by the petitioner dated 14.02.2025, in respect of the property comprised in Survey No.85/6B, measuring to an extent of 1.53 acres of land, situated at Vennampatti Village, Uthangarai Taluk, Krishnagiri District.

For Petitioner :

Mr.C.Prabakaran For Respondents :

Mr.S.J.Mohamed Sathik Government Advocate for R1 Mr.J.Subbiah Govt. Advocate (Crl.Side) for R2

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing first respondent to survey and demarcate the boundaries comprised in Survey No.85/6B, measuring to an extent of 1.53 acres of land, situated at Vennampatti Village, Uthangarai Taluk, Krishnagiri District pursuant to the application submitted by petitioner on 14.02.2025.

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 respondents 3 & 4 is dispensed with.

3. The case of the petitioner is that he is the absolute owner of the property comprised in Survey No.85/6B, measuring an extent of 1.53 acres of land, situated at Vennampatti Village, Uthangarai Taluk, Krishnagiri.

Patta was issued in respect of the subject property. Since there was a boundary dispute with the private respondents, petitioner made an application on 14.02.2025 seeking to survey the subject property and also paid the necessary charges. However, the survey has not been conducted. Hence, the present writ petition has been filed.

4. At the outset, it is submitted by Mr.S.J.Mohamed Sathik, learned Government Advocate for first respondent that they will consider petitioner's application and survey 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 Government Advocate that in case Police protection is required, first respondent would request second respondent. When this was pointed out, learned Government Advocate (Crl.Side), appearing for second 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 first respondent to consider petitioner's application dated 14.02.2025 to carry out survey and pass appropriate orders after putting petitioner, respondents 3 & 4, adjacent land owners 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 first respondent to request for Police protection before second respondent. If any such request is made, second 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 first respondent to consider the case on its own merits and in accordance with law. No costs. 04.07.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The Tahsildar, Uthangarai Taluk, Krishnagiri District.

2. The Inspector of Police, Kallavi Police Station, Krishnagiri District.

MOHAMMED SHAFFIQ, J.

vji 04.07.2025