Vijitha v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Vijitha : Petitioner Vs.

1.The Tahsildar, Uthangarai Taluk, Krishnagiri District 2.The Head Surveyor, Uthangarai Taluk, Krishnagiri District 3.The Inspector of Police, Uthangarai Police Station, Krishnagiri District 4.Natesan 5.Chandramohan : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the 1st and 2nd respondents to survey the petitioner's property in Survey No.8/1B2A measuring an extent of 85 cents in Patta No.403 respectively situated at Selakkarampatti village, Uthangarai Taluk, Krishnagiri District and fix its boundaries as per the sale deed No.2304/2023 by obtaining adequate police protection from the 3rd respondent within the period that may be stipulated by this Court.

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For Petitioner :

Mr.A.Arun Kumar For Respondents :

Mr.P.Sathish, Additional Government Pleader, for respondents 1 and 2 Mr.R.Kishore Kumar, Government Advocate (Crl. Side) for respondent No.3

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.4 and 5 is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus to direct respondents 1 and 2 to survey petitioner's property comprised in Survey No.8/1B2A measuring an extent of 85 cents situated at Selakkarampatti village, Uthangarai Taluk, Krishnagiri District in Patta No.403 and fix its boundaries as per the sale deed No.2304/2023 by obtaining adequate police protection from the 3rd respondent on the basis of application dated 27.07.2025 within the time frame 2/6

fixed by this Court.

3. At the outset, it is submitted by Mr.P.Sathish, learned Additional Government Pleader for respondents 1 and 2 that the application dated 27.07.2025 submitted by the petitioner would be considered 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.

4. It is further submitted by the learned learned Additional Government Pleader that in case police protection is required they would request the respondent No.3. When this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar appearing for respondent No.3 would submit that if any such request is made adequate police protection will be granted.

5. 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 and 2 shall consider the application dated 27.07.2025 in accordance with law, after issuing notice to the petitioners, respondents 4 and 5, 3/6

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 and 2 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 to grant police protection is made by respondent 1 and 2, the respondent No.3 is directed to provide adequate police protection for conducting the survey.

iv) The entire process shall be completed/appropriate orders passed within a period of twelve (12) weeks from the date of uploading of web copy without waiting for the receipt of certified copy.

iv) 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 petitioners and all other interested parties are left open. 4/6

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

29.08.2025 Speaking (or) Non Speaking Order mrn To 1.The Tahsildar, Uthangarai Taluk, Krishnagiri District 2.The Head Surveyor, Uthangarai Taluk, Krishnagiri District 3.The Inspector of Police, Uthangarai Police Station, Krishnagiri District 5/6

MOHAMMED SHAFFIQ, J.

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