Jayakodi v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Jayakodi ... Petitioner Vs.

1.The Tahsildar, Palacode Taluk, Dharmapuri District.

2.The Taluk Surveyor, Palacode Taluk, Dharmapuri District.

3.Periyasamy 4.Vengaimuthu 5.The Superintendent of Police, Dharmapuri.

(R5 - suo motu impleded vide order dated 25.08.2025 by MSQJ) ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India

praying for issuance of writ of mandamus, directing the 2nd respondent herein to survey and demarcate the metes and boundaries of the lands situated in S.Nos. 488/1 and 489/4 in Booganahalli Village, Palacode Taluk and Dharmapuri District by considering the petitioner's application dated 24.05.2025 with the aid of the local jurisdictional police officials and consequently issue the Patta in favour of the petitioner within a time frame. For Petitioner :

Mr.V.Sivaraman For Respondents :

Mr.A.Selvendran Spl. Govt. Pleader for R1 & R2 Mr.R.Kishore Kumar Govt. Advocate (Crl. Side) for R5

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the 2nd respondent herein to survey and demarcate the metes and boundaries of the lands situated in S.Nos. 488/1 and 489/4 in Booganahalli Village, Palacode Taluk and Dharmapuri District by considering the petitioner's application dated 24.05.2025 with the aid of the local jurisdictional police officials and consequently issue the Patta in favour of the petitioner within a time frame.

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 the respondents 3 & 4 is dispensed with.

3. Since the Superintendent of Police, Dharmapuri is necessary party to this Writ petition, this Court suo motu impleaded him as 5th respondent in this writ petition. Mr.R.Kishore Kumar, learned Government Advocate (Crl. Side) takes notice for the newly impleaded party.

4. It is submitted by the learned counsel for the petitioner that for measuring the subject property, the petitioner has submitted an online application to the 2nd respondent on 24.05.2025 and has also paid necessary fees. However, the petitioner's representation was not considered by the 2nd respondent till date, thus, the present writ petition has been filed before this Court.

5. On this being pointed out, the learned Special Government Pleader would submit that they would consider the petitioner's online application dated 24.05.2025 and carry out a survey and place boundary stones at the subject property within a period of twelve weeks, which was agreed to by the learned counsel for the petitioner. It is further submitted by the learned Special Government Pleader that in case Police protection is required, respondents 1 & 2 would request 5th respondent.

6. In view thereof, this Writ Petition stands disposed of with a direction to the concerned respondent to consider the petitioner's online application dated 24.05.2025 and carry out survey and measure the petitioner's land by fixing a boundary stones and pass appropriate orders after putting the petitioner, respondents 3 & 4, adjacent land owners and any other rival claimants if any on notice within a period of twelve weeks from the date of uploading of the web copy order without waiting for receipt of the certified copy. It is open to the respondents 1 & 2 to request for police protection before the 5th respondent. If any such request is made, 5th

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. 25.08.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No kkn Note: Registry is directed to carry out necessary amendment in the cause title.

To 1.The Tahsildar, Palacode Taluk, Dharmapuri District.

2.The Taluk Surveyor, Palacode Taluk, Dharmapuri District.

3.The Superintendent of Police, Dharmapuri.

MOHAMMED SHAFFIQ, J.

KKN 25.08.2025