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Madras High CourtWP/33959/2025disposed of

Subramiyam v. The Tahsildar

2025-09-11Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :11.09.2025 Coram The Honourable Mr.Justice Krishnan Ramasamy SUBRAMANIYAM ..Petitioner Vs.

1 THE TAHSILDAR, METTUR TALUK SALEM DISTRICT.

2 THE INSPECTOR OF POLICE, KOLATHUR POLICE STATION SALEM DISTRICT.

3 PATHIYANATHAN 4 PAARPARAMMAL 5 ANTHONY SAAMY 6 RIYA REVATHY 7 GLORIA MARY 8 PERIYA NAYAGI .. Respondents Prayer Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the first respondent to survey and point out the field boundaries of the petitioner's property comprised in Survey Numbers; 445/3B, 445/2, 447/1A, 447/1C 447/3A to an total extent of 1.78 Ares at Aalamarathupatty Village, Mettur Taluk, Salem District of land by fixing stones along with the Police aid of the 2nd Respondent for survey and also in setting up the fencing of petitioner's aforesaid property in pursuance of petitioner online application dated 1/6

04.07.2025 and the petitioners representation dated 07.08.2025. For Petitioner : Mr.P.Hasnah For Respondent-1 : Mrs.S.Indhu Bala Additional Government Pleader For Respondent-2 : Mr.L.Baskaran Government Advocate Order Heard Mr.P.Hasnah learned counsel appearing for the petitioner and Mrs.S.Indhu Bala, learned Additional Government Pleader, who takes notice on behalf of the respondent No.1 and Mr.L.Baskaran, learned Government Advocate, who takes notice on behalf of the respondent No.2. Since the main Writ Petition is taken up for final disposal at the stage of admission itself and considering the nature of order that is to be passed herein, notices to the respondents 3 to 8 are dispensed with.

2. The petitioner has filed this Writ Petition seeking for following prayer:- i) For issuance of a mandamus to direct the first respondent to survey and point out the field boundaries of the petitioner's property along with the Police aid of the 2nd Respondent in pursuance of petitioner's online application dated 04.07.2025 and representation dated 07.08.2025. 2/6

3. The learned counsel appearing for the petitioner would submit that the petitioner purchased the property in th name of his wife, however, his wife died after some years, and thereafter, the petitioner is in continuous possession and enjoyment of the property; that the petitioner made an application before the first respondent dated 04.07.2025 seeking for survey and fix the boundary stones, however, since the said application evoked no response, the petitioner made a representation dated 07.08.2025 to the first and second respondent for surveying the property, however, as on date, no action has been taken by the first respondent with regard to such Application, which necessitated the petitioners to approach this Court by way of present Writ Petition seeking for aforesaid relief. 4.

The learned Additional Government Pleader for respondent No.1 fairly submitted that the application made by the petitioner would be considered and appropriate steps would be taken by the respondentAuthority for demarcation of the petitioner's property within the time as stipulated by this Court.

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5. The learned Government Advocate for second respondent would submit that the respondent-Police would render all possible assistance, enabling the revenue officials to survey the petitioner's property.

6. Considering the limited scope of the prayer, sought for in this Writ Petition and in view of the submission made by the learned Additional Government Pleader and Government Advocate for respondents 1 and 2 respectively, this Writ Petition is disposed of with a direction to the first respondent to consider the application made by the petitioner dated 04.07.2025 and also the subsequent representation dated 07.08.2025 and take suitable steps for conducting a survey in the petitioner's property and demarcate the same by metes and bounds after giving notice to all the interested parties, particularly, respondents 3 to 8 within a period of four weeks from the date of receipt of a copy of this order. It is needless to say, in the event, any obstruction is being caused by any third parties, second respondent-Police is directed to take appropriate action against them in the manner known to law and shall render all kinds of assistance, as required, by the Revenue Officials for demarcation of the subject property. No costs. 4/6

11.09.2025 sd Index : yes/no To 1 THE TAHSILDAR, METTUR TALUK SALEM DISTRICT.

2 THE INSPECTOR OF POLICE, KOLATHUR POLICE STATION SALEM DISTRICT.

Krishnan Ramasamy,J., sd 5/6

11.09.2025 6/6