Madras High CourtWP/27190/2021disposed of

T.Ramesh v. The Tahsildar

2021-12-21Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2021

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN WP.No.27190 of 2021 T.Ramesh Rep. by his power agent Eswari

...Petitioner

Vs 1.The Tahsildar, Madathukulam, 2.The Block Development Officer, Union Office, Udumalpet, 3.The Inspector of Police, Kaniyur Police Station, 4.Chandrasekar

...Respondents

Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 and 2 to survey and subdivide the lands of the petitioner and fourth respondent comprised in SF.No.272/A6 of Karatholuvu Village, Madathukulam Taluk, Tiruppur District with the aid and protection of the third respondent by considering the petitioner's representation dated 18.11.2021.

For Petitioner :

Mr.D.R.Arun Kumar For Respondents For R1 :

Mr.P.Baladhandayutham, Special Government Pleader For R2 & 3 :

Mr.T.Venkatesh Kumar, Special Government Pleader

ORDER

This writ petition is filed for direction directing the respondents 1 and 2 to survey and subdivide the lands of the petitioner and fourth respondent comprised in SF.No.272/A6 of Karatholuvu Village, Madathukulam Taluk, Tiruppur District with the aid and protection of the third respondent by considering the petitioner's representation dated 18.11.2021.

2. The petitioner purchased agricultural land to an extent of 1.57 acres comprised in SF.No.272/A6 situated at Karatholuvu Village, Madathukulam Taluk, Tiruppur by the registered sale deed vide document No.3382 of 2019. Thereafter, the petitioner made application before the respondents 1 and 2 to sub divide their property and assign separate survey number for issuance of patta. The petitioner also paid requisite fees and on receipt of the same, the first respondent engaged surveyor to survey the land and issued notice to the Village Administrative Officer on 02.11.2020 for the survey to be held on 04.11.2020. On that day, the surveyor and Village Administrative Officer are also present and the fourth respondent objected the same without any right over the property.

3. Considering the above, the first respondent is directed to issue notice to the petitioner and the fourth respondent before surveying the subject land and if any hindrance made by the fourth respondent or other counter parties, if any, the petitioner can very well seek for police protection before the third respondent who is being jurisdictional Police. On receipt of such request, the third respondent is directed to provide adequate police protection to survey the land in the manner known to law.

4. With the above direction, this writ petition is disposed of. No order as to costs.

Sd/- Assistant Registrar(CS-VIII) // True Copy // Sub Assistant Registrar lok To 1.The Tahsildar, Madathukulam,

2.The Block Development Officer, Union Office, Udumalpet, 3.The Inspector of Police, Kaniyur Police Station, +1cc to M/s.D.R.Arunkumar, Advocate Sr.No.68833 +1cc to the Government Pleader Sr.No.69599 WP.No.27190 of 2021 KSM(CO) RVM(12/01/2022)