R.Rahul v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA R.Rahul

...Petitioner

Vs.

1.The Tahsildar Taluk Office, Tiruvannamalai - 606 601.

2.The Taluk Surveyor Survey Office, Tiruvannamalai - 606 601.

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing the respondents to conduct survey of the property measuring an extent of Ac.1.00 with half share in well, electric motor etc comprised in Survey No.78/5B2 situated in Vada Andapattu Village, Thiruvannamalai District, by metes and bounds. 1/7

For Petitioner :

Dr. S.S.Swaminathan For Respondents :

Mr. R.P.Murugan Raja Government Advocate.

O R D E R

The above Writ Petition has been filed seeking mandamus to the respondents to survey the petitioner's property comprised in Survey No.78/5B2 situated in Vada Andapattu Village, Thiruvannamalai District.

2. The petitioner purchased the subject property from one Easwaranmoorthy on 20.08.2020. Thereafter, the petitioner made an application on 13.05.2023, to the respondents to measure and survey the property. Pursuant to the said application, the 2nd respondent visited the property on 16.05.2023 and was measuring the property. However, on the instigation of one Dayalan, Pachaiappan with his 2/7

henchmen trespassed into the property and threw the stones away and threatened the petitioner with dire consequences.

3. Thereafter, the petitioner lodged a complaint with the Tiruvannamalai East Police Station and FIR was registered in Crime No.370/2023. Thereafter, the 2nd respondent issued a notice dated 24.07.2023 to the petitioner for an enquiry on 08.08.2023. Despite the appearance of the petitioner before the 2nd respondent on the said date, no steps have been taken. Therefore, the petitioner is before this Court.

4. Heard the learned counsels on the either side and perused the records.

5. Considering the facts and circumstances of the case, the respondents are directed to conduct a survey of the subject property. The petitioner shall submit all the relevant records to show his title to 3/7

the property and the respondents shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, proceed to pass orders either surveying and subdividing the property or rejecting the request. In the case of a rejection, a speaking order shall be passed. In case of a law and order situation it is well open to the revenue authorities to seek police protection which shall be provided to them by the Inspector of the Jurisdictional Police Station.

6. The Writ Petition is allowed. No costs.

18.11.2024 Index : Yes/No Internet : Yes/No kan 4/7

To 1.The Tahsildar Taluk Office, Tiruvannamalai - 606 601.

2.The Taluk Surveyor Survey Office, Tiruvannamalai - 606 601.

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P.T. ASHA, J, kan W.P.No. 33407 of 2024 6/7

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