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Madras High CourtWP/31129/2025disposed of

Thirumathi S.Selvi v. The Tahsildar

2025-08-22Honourable Mr.Justice Mohammed Shaffiq7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Thirumathi S.Selvi : Petitioner Vs.

1.The Tahsildar, Alandur Taluk Office, Alandur, Chennai-600 016.

2.The Inspector of Police, Palavanthangal Police Station, Palavanthangal, Chennai-600 114.

3.The Deputy Inspector of Surveyor, Alandur Taluk, Alandur, Chennai-600 061.

4.The Village Administrative Office, Nanganallur Village, Alandur Taluk, Chennai-600 114.

5.K.Anbu 6.Thirumathi Komathi : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, 1/7

praying to issue Writ of Mandamus directing the respondents 1 to 4 to conduct the survey by laying boundary stone in TS No.129, Ward "B", Block 2, situated at Old Door No.8, New Door No.12, Dr.Ambedkar Street, Palavanthangal, Nanganallur Village, Alandur Taluk by the Head Surveyor with assistance of police within the time limit fixed by this Court and pass orders. For Petitioner : Mr.M.Vijayakumar For Respondents : Mr.A.Selvendran Special Government Pleader R1, R3 and R4 Mr.R.Kishore Kumar Government Advocate (Crl. Side) for R2

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to respondent Nos.5 and 6 is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus to direct the respondents 1 to 4 to conduct the survey by laying boundary stone for the property comprised in TS No.129, Ward "B", Block 2, situated at Old Door No.8, New Door No.12, Dr.Ambedkar Street, Palavanthangal, Nanganallur Village, 2/7

Alandur Taluk by the Head Surveyor with assistance of police within the time limit fixed by this Court.

3. It is submitted by the learned counsel for the petitioner that petitioner submitted an application dated 21.07.2025 before the first respondent seeking to survey by laying boundaries in the subject property. However, the said application has not been considered so far. Aggrieved by the same, the petitioner has filed the present writ petition.

4. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader for respondents 1,3 and 4 that on receipt of the said application, when the surveyor attempted to survey the subject property, there was resistance by respondents 5 and 6. Hence, they may have to take assistance of police to proceed with the enquiry. He would submit that enquiry would be completed and appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.

5. It is further submitted by the learned Special Government Pleader that in case police protection is required they would request the 2nd respondent. When 3/7

this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar appearing for the 2nd respondent would submit that if any such request is made adequate police protection will be granted.

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, 3 and 4 shall consider the application dated 21.07.2025 in accordance with law, after issuing notice to the petitioner, respondents 5 and 6, 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, 3 and 4 to call for any document/conduct enquiry to satisfy itself of the petitioner's entitlement for requesting survey of subject property. iii) If any such request is made by the respondents 1, 3 and 4, the second 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 the receipt of certified 4/7

copy.

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. Accordingly, the writ petition stands disposed of. There will be no order as to costs.

22.08.2025 Speaking (or) Non Speaking Order mrn To 1.The Tahsildar, Alandur Taluk Office, Alandur, Chennai-600 016.

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2.The Inspector of Police, Palavanthangal Police Station, Palavanthangal, Chennai-600 114.

3.The Deputy Inspector of Surveyor, Alandur Taluk, Alandur, Chennai-600 061.

4.The Village Administrative Office, Nanganallur Village, Alandur Taluk, Chennai-600 114.

MOHAMMED SHAFFIQ, J.

(mrn) 6/7

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