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Madras High CourtWP/35451/2025disposed of

Madhaiyan v. The Tahsildar

2025-09-19Honourable Mr Justice Krishnan Ramasamy8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-09-2025

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY Madhaiyan, S/o.Chinnamittai, Eggoor Post, Uthangarai Taluk, Krishnagiri District.

Petitioner(s) Vs 1.The Tahsildar, Uthangarai Taluk Office, Krishnagiri District.

2.Kaveri, W/o.Shanmugam, Ariyanur (vill), Kizhmathur Post, Uthangarai Taluk, Krishnagiri District.

3.The Inspector of Police, Singarapettai Police Station, Krishnagiri District.

Respondent(s) Third respondent suo mottu impleaded by this Court vide order dated 19.09.2025

PRAYER:-Writ Petition filed under article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the respondent to consider and pass orders on the petitioners representations dated 08.08.2025 with regard to survey and fix boundary stones in the petitioners property as per the registered sale deed bearing Reg. No.1534 of 2021 dated 03.03.2021 comprised in Survey no.65/1 to an extent of 0.96 acres and an extent of 1.04 acres in survey No.66/4E an extent of 2 acres situated at Eggoor Village, Uthangarai Taluk, Krishnagiri District and within a stipulated time as fixed by this Court.

For Petitioner(s):

Mr.P.M.Jayachandran For Respondents:

Mr.C.Jayaprakash Government Advocate for R1 Mr.L.Baskaran Government Advocate for R3

ORDER

This Writ Petition has been filed by the petitioner seeking to direct the 1 st respondent to consider and pass orders on the petitioners representations dated 08.08.2025 with regard to survey and fix boundary stones in the petitioners

property as per the registered sale deed bearing Reg. No.1534 of 2021 dated 03.03.2021 comprised in Survey no.65/1 to an extent of 0.96 acres and an extent of 1.04 acres in survey No.66/4E an extent of 2 acres situated at Eggoor Village, Uthangarai Taluk, Krishnagiri District.

2.Mr.C.Jayaprakash, learned Government Advocate, takes notice on st respondents. Mr.L.Baskaran, learned Government Advocate behalf of the 1 rd respondent. By consent of the parties, (Crl. side) takes notice on behalf of the 3 the main writ petition is taken up for disposal at the admission stage itself. 3.Learned counsel for the petitioner would submit that in the present the petitioner has made a third representation on 08.08.2025 to the 1 st respondent to survey and fix the boundary stones for the petitioner's property. When the Officials of the 1 st respondent tries to measure the petitioner's property based on the earlier representations, the neighbour of the petitioner/2 nd respondent obstructed the Officials from conducting survey and therefore, the Officials could not measure the petitioner's property. Therefore, the petitioner again made

a representation on 08.08.2025 and the same has not been considered yet. Hence, the present writ petition.

4.Learned Government Advocate appearing for the 1 st respondent acceded the submissions made by the learned counsel for the petitioner and prayed for a direction to the Police Department to provide police protection while conducting survey in the petitioner's property. 5.Heard the learned counsel for the petitioner; the learned Government Advocate appearing for the 1 st respondent and the learned Government Advocate (Crl. Side) for the 3 rd respondent.

6.Taking note of the submissions made by the learned Government Advocate, this Court is of the view that when the neighbour of the petitioner obstructed the Officials from conducting survey, the 1 st respondent ought to have completed the process with the help of the Police Personnel. However, no

such action was taken by the 1 st respondent. Hence, this Court suo motu impleads The Inspector of Police, Singarapettai Police Station, Krishnagiri District as 3 rd respondent is the present case.

7.In view of the above submissions made by either parties and the limited prayer sought for in this Writ Petition, without going into the merits of the case, this Court directs the 1 st respondent to consider the representation of the petitioner dated 08.08.2025 and complete the survey and demarcate the boundaries after issuing due notice to 2 nd respondent, with the aid of the 3 rd respondent Police. Further this Court directs the 3 rd respondent to provide police protection to the Officials of the 1 st respondent while conducting survey in the petitioner's property upon the request of the 1 st respondent. If the 2 nd respondent attempts to obstruct the Officials, the 3 rd respondent shall take necessary action against the 2 nd respondent in accordance with law. The entire exercise shall be done by the 1 st respondent within a period of four weeks from the date of receipt of a copy of this order.

8.With the above said direction, this Writ Petition is disposed of. There shall be no order as to costs.

19-09-2025 rst Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Tahsildar Uthangarai Taluk Office, Krishnagiri District.

2.The Inspector of Police, Singarapettai Police Station, Krishnagiri District.

KRISHNAN RAMASAMY J.

rst 19-09-2025