Sumathi v. The District Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Sumathy

...Petitioner

Vs.

1. The District Superintendent of Police, Salem District, Salem.

2. The Tahsildar, Mettur Taluk, Salem District.

3. The Inspector of Police, Nagavalli Police Station, Salem District.

4. Saravanan

5. Lalitha

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus to direct the 2nd respondent to survey and demarcate the boundaries of the petitioners property comprised in 477/1B1 to an total 1/5

extent of 18 Cents at Kuttapatti Village Mettur Taluk Salem District along with police aid of the 3rd respondent and allow him to put fencing in pursuance of the petitioners on-line application dated 27.09.2024. For Petitioner :

Mr. C.Deepakumar For Respondents :

Mr.R. Vinoth Raja 1 and 3 Government Advocate(Crl.Side) For Respondent-2:

Mr.R.P.Murugan Raja Government Advocate

O R D E R

Challenging the refusal to survey the suit property, the petitioner is before this Court.

2. The petitioner purchased the property comprised in Survey No.477/1B1 measuring an extent of 18 cents at Kuttapatti Village, Mettur Taluk, Salem District, vide sale deed dated 07.06.2023, registered as document No.2627 of 2024 on the file of the SRO, Mecheri, Salem District. The petitioner also obtained patta in Patta No.3036. From the date of purchase, she has been in continuous possession of the said property. On 27.09.2024, she made an online 2/5

application to the 2nd respondent to survey and fix the boundaries in her property, but the same has been kept pending without any progress. Therefore, the petitioner is before this Court.

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

4. Considering the facts and circumstances of the case, mandamus is issued to the 2nd respondent to conduct a survey of the petition mentioned property. The petitioner shall submit all the relevant records to show her title to the property and the 2nd respondent 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. The aforesaid exercise shall be completed within a period of 8 weeks from the date of receipt of a copy of this order.

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5. With the above directions, this Writ Petition is allowed. No costs.

20.11.2024 Index : Yes/No Internet : Yes/No srn To 1.The District Collector Chennai District, Chennai Tamil Nadu 2.The Tahsildar Maduravoyal Taluk Chennai District Tamil Nadu 3.The Inspector of Survey Maduravoyal Taluk Chennai District Tamil Nadu.

P.T. ASHA, J, 4/5

srn W.P.No. 33782 of 2024 20.11.2024 5/5