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Madras High CourtWP/27236/2025disposed of

S.Thirupuram v. Tahsildar

2025-07-29Honourable Mr.Justice Mohammed Shaffiq7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Thirupuram ... Petitioner Vs.

1. Tahsildar, Thiruporur Taluk, Chengalpattu District-603 110.

2.The Surveyor, Thiruporur Taluk, Chengalpattu District-603 110.

3.The Inspector of Police, Thiruporur Police Station, Chengalpattu District-603 110.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the first and second respondents to pass appropriate orders on the petitioner's representation dated 30.04.2025 for conducting the survey and fixing boundaries with the aid of Police Protection in respect of the property in Survey No.2/1kB and

its sub-divided as 2/1KB3 measuring a total extent of land measuring an extent of 3.48 cents and also direct the third respondent to provide police protection to survey the land on merits and within stipulated time frame by this Court.

For Petitioner :

Mr.M.Dinesh Kumar For Respondents :

Mr.P.Sathish Additional Government Pleader for R1 and R2 Mr.P.Venkatesa Perumal Government 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 and 2 to act upon petitioner's representation dated 30.04.2025 for conducting survey and fixing boundaries in the property comprised in S.No.2/1KB which is sub-divided as S.No.2/1KB3 measuring an extent of 3.48 cents and direct the third respondent to provide police protection to survey the land.

2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that the petitioner is the absolute owner of the subject property and she was allotted / acquired title over subject property vide Registered Partition Deed dated 16.07.2014 and the revenue records were mutated and Patta was also issued in the name of petitioner. Therefore, petitioner had submitted an online application on 11.04.2025 seeking survey and fixation of boundaries in the property and also paid the appropriate fee, however, the same was not considered. Thereafter, petitioner submitted a representation on 30.04.2025 to the first and second respondents to process the online application dated 11.04.2025, however no action has been taken by the first and second respondents. Hence, the present writ petition has been filed.

4. At the outset, it is submitted by Mr.P.Sathish, learned Additional Government Pleader appearing for respondents 1 and 2 that they will consider the petitioner's online application and survey the property within a period of eight weeks, which was agreed to by learned counsel for petitioner.

5. It is further submitted by learned Additional Government Pleader appearing for respondents 1 and 2 that in case Police protection is required, respondents 1 and 2 would request the third respondent for the same. When this was pointed out, learned Government Advocate (Crl.Side) for the 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 the concerned respondent to consider petitioner's application dated 11.04.2025 to carry out survey and fix the boundaries and pass appropriate orders, after putting petitioner and any other 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 respondents 1 & 2 to request for Police protection before the third respondent. If any such request is made, the 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. 29.07.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

To

1. Tahsildar, Thiruporur Taluk, Chengalpattu District-603 110.

2.The Surveyor, Thiruporur Taluk, Chengalpattu District-603 110.

3.The Inspector of Police, Thiruporur Police Station, Chengalpattu District-603 110.

MOHAMMED SHAFFIQ, J.

ssb 29.07.2025