Thiruthana v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Thirthana : Petitioner Vs.
1.The Tahsildar, Sulur Taluk, Coimbatore District.
2.The Head Surveyor, Sulur Taluk, Coimbatore District.
3.The Inspector of Police, Sulur Police Station, Coimbatore District.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the first and second respondents to survey the petitioner's property in Survey Nos.93/24B, 93/72, 93/73 and 93/74 measuring an extent of 1.23 ares, 2.00 ares, 2.00 ares and 4.00 ares in Patta No.1429, 1499, 1495 and 1500 respectively situated at Otterpalayam Village, Sulur Taluk, Coimbatore District and fix its boundaries as per the revenue records by obtaining adequate police protection from the third respondent based on petitioner's application No.2025/N123/12/006608 dated 05.06.2025, within the period that may be stipulated by this Court and pass orders.
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For Petitioner : Mr.A.Arun Kumar For Respondents : Mr.P.Sathish Additional Government Pleader for R1 and R2 Mr.R.Kishore Kumar, Government Advocate (Crl.Side) for R3
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The present writ petition is filed praying for a writ of mandamus to direct the first and second respondents to survey the petitioner's property in Survey Nos.93/24B, 93/72, 93/73 and 93/74 measuring an extent of 1.23 Ares, 2.00 Ares, 2.00 Ares and 4.00 Ares in Patta No.1429, 1499, 1495 and 1500 respectively situated at Otterpalayam Village, Sulur Taluk, Coimbatore District and fix its boundaries as per the revenue records by obtaining adequate police protection from the third respondent based on petitioner's application No.2025/N123/12/006608 dated 05.06.2025, within the period that may be stipulated by this Court.
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3. It is submitted by the learned counsel for the petitioner that the petitioner submitted an online application dated 05.06.2025 before respondents 1 and 2 seeking to survey and fix boundaries in the subject property and has also paid the appropriate fees. The said application was not considered so far. Aggrieved by the same, the petitioner has filed the present writ petition.
4. On this being pointed out, the learned Additional Government Pleader for respondents 1 and 2 would submit that they would consider the petitioner's representation/application dated 05.06.2025 and carry out survey and fix boundaries in the subject property and complete the process within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner
5. It is further submitted by the learned Additional Government Pleader that in case police protection is required they would request the 3rd respondent. When this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar appearing for the 3rd respondent would submit that if any such request is made adequate police protection will be granted. 3/7
6. In view of the limited relief that is prayed, this Court is inclined to dispose of the writ petition with following directions: i) The respondents 1 and 2 shall consider the application/representation dated 05.06.2025 in accordance with law, after issuing notice to the petitioner, adjacent land owners and all other interested parties including rival claimants, if any.
ii) Though facts have been set out extensively in the affidavit, this Court does not propose to deal with it, while leaving it open to the respondents 1 and 2 to call for any document/conduct enquiry, if any, while considering the application/representation necessary for conducting survey of subject property. It is also open to the respondents 1 and 2 to call for documents to satisfy itself of the petitioner's entitlement for requesting survey of subject property. iii) If any such request is made by respondents 1 and 2, the third respondent is directed to provide adequate police protection for conducting the survey.
iv) The entire process shall be completed within a period of eight (8) weeks from the date of uploading of web copy without waiting for receipt of certified copy.
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v) 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. Rights and contentions of the petitioner and all other interested parties are left open.
7. There will be no order as to costs.
16.07.2025 Speaking (or) Non Speaking Order mrn To 1.The Tahsildar, Sulur Taluk, Coimbatore District.
2.The Head Surveyor, Sulur Taluk, 5/7
Coimbatore District.
3.The Inspector of Police, Sulur Police Station, Coimbatore District.
MOHAMMED SHAFFIQ, J.
(mrn) 6/7
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