P.Srimathi v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ P.Srimathi ... Petitioner Vs.
1. The Tahsildar, Melmalayanur Taluk Office, Melmalayanur, Vizhuppuram District.
2. The Head Surveyor, Melmalayanur Taluk Office, Melmalayanur, Vizhuppuram District.
3. The Inspector of Police, Valathi Police Station, Valathi, Melmalayanur Taluk, Vizhuppuram District.
... Respondents 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 the survey of the boundaries pertaining to the property measuring 0.57 cents comprised in Survey No.20/9B situated at Vanakkampadi Village,
Melmalayanur Taluk as per the online application Reference No.2025/0123/07/008451 dated 13.06.2025 and by considering representation of the petitioner dated 15.06.2025 with aid of the third respondent within the time frame fixed by this Court. For Petitioner :
Mr.Tharun Roshan For Respondents :
Mr.S.Balamurugan Government Advocate 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 13.06.2025 followed by representation dated 15.06.2025 wherein the petitioner has sought for survey of the subject property.
2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
3. It is submitted by learned counsel for petitioner that she has purchased the property comprised in Survey No.20/9B measuring an extent of 0.57 cents situated at Vanakkampadi Village, Melmalayanur Taluk from her vendor one Rajalakshmi vide sale deed dated 04.06.2025 registered as Document No.944 of 2025 on the file of Sub Registrar Office, Valathi, Vizhuppuram District. From the date of purchase onwards, petitioner is in continuous possession and enjoyment of the subject property. It is further submitted that patta was also issued in her name vide Patta No.1125. An application was submitted on 13.06.2025 followed by representation dated 15.06.2025 for conducting survey and to demarcate the boundaries of the subject property after paying necessary charges. Since the same was not considered, the present writ petition has been filed.
4. At the outset, it is submitted by Mr.S.Balamurugan, learned Government Advocate appearing for respondents 1 & 2 that they will consider petitioner's representation 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.
5. It is further submitted by the learned Government Advocate that in case Police protection is required, respondents 1 & 2 would request third respondent. When this was pointed out, Mr.R.Kishore Kumar, 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 respondents 1 & 2 to consider petitioner's representation dated 15.06.2025 to carry out survey and pass appropriate orders after putting petitioner, 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 third respondent. If any such request is made, third 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. 07.07.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To
1. The Tahsildar, Melmalayanur Taluk Office, Melmalayanur, Vizhuppuram District.
2. The Head Surveyor, Melmalayanur Taluk Office, Melmalayanur, Vizhuppuram District.
3. The Inspector of Police, Valathi Police Station, Valathi, Melmalayanur Taluk, Vizhuppuram District.
MOHAMMED SHAFFIQ, J.
vji 07.07.2025