G.Jayaseelan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ G.Jayaseelan : Petitioner Vs.

1.The Tahsildar, Madurantagam Taluk, Chengalpet District 2.The Taluk Surveyor, O/o the Tahsildar, Madurantagam Taluk, Chengalpet District 3.The Inspector of Police, Melmaruvathur Police Station Melmaruvathur, Chengalpet District 4.Megala 5.Neelakandan 6.Gomathy : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing respondents 1 and 2 to consider the petitioner's application dated 15.05.2025 and thereby direct respondents 1 and 2 to measure the property and erect the milestones with the help of 3rd respondent in Thandalam Village, Achirapakkam Panchayat Union, Madurantagam Taluk Chengalpet District in (1) Punjai Survey No.328/5 as per patta to an extent of 71 1/6

cents (2) Punjai survey No 328/1 to an extent of 71 cents totally to an extent of 1 Acre 42 cents as per sale deed in Document No.3096/2024 dated 27.05.2024 on the file of Sub Registrar Office, Madurantagam and patta stands in the name of petitioner.

For Petitioner : Mr.B.Sundarapandiyan 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 to 6 is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus to direct respondents 1 and 2 to measure the property and erect the milestones with the help of 3rd respondent with respect to properties comprised in (1) Punjai Survey No.328/5 measuring an extent of 71 cents (2) Punjai survey No 328/1 measuring an 2/6

extent of 71 cents totally to an extent of 1 Acre 42 cents situated at Thandalam Village, Achirapakkam Panchayat Union, Madurantagam Taluk Chengalpet District as per patta and sale deed in Document No.3096/2024 dated 27.05.2024 on the file of Sub Registrar Office, Madurantagam on the basis of petitioner's application dated 15.05.2025.

3. At the outset, it is submitted by Mr.P.Sathish, learned Additional Government Pleader for respondents 1 and 2 that application dated 15.05.2025 submitted by 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 Additional Government Pleader that in case police protection is required they would request the third respondent. When this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar appearing for the third respondent 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: 3/6

i) The respondents 1 and 2 shall consider the application dated 15.05.2025 in accordance with law, after issuing notice to the petitioner, respondents 4 to 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 is made by the respondents 1 and 2 for police protection,n the third respondent 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.

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. 4/6

6. 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, Madurantagam Taluk, Chengalpet District 2.The Taluk Surveyor, O/o the Tahsildar, Madurantagam Taluk, Chengalpet District 3.The Inspector of Police, Melmaruvathur Police Station Melmaruvathur, Chengalpet District 5/6

MOHAMMED SHAFFIQ, J.

(mrn) 22.08.2025 6/6