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Madras High CourtWP/36484/2024allowed

Govindaraj v. The Tahsildar

2024-12-10Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2024

CORAM

THE HON'BLE MS.JUSTICE P.T.ASHA Govindaraj ... Petitioner Vs.

1. The Tahsildar, Edapadi Taluk Office, Salem District.

2. The Land Surveyor, Edapadi Taluk Office, Salem District.

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

4. The Inspector of Police, Poolampatti Police Station, Salem District.

5. Thaili

6. Kannan ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to direct the 1st and 2nd Respondents to survey the lands of 1) Old Survey No.363/2 (T.S.No.16/2A) and 2) Old Page No. 1 of 5

Survey No.363/3, situated at Avaniperur Melmugam Village, Edapadi Taluk, Salem District and 3) Survey No.642/7, situated at Vellarivelli Village, Edapadi Taluk, Salem District, with necessary police protection from 3rd & 4th Respondents respectively, based on the petitioner's applications No.2024/0178/08/000165 dated 23.04.2024 and 2024/0123/08/001923 dated 23.04.2024.

For Petitioner : Mr.G.Ambika For R1 & R2 : Mr.P.Sathish Additional Government Pleader For R3 & R4 : Mr.R.Vinoth Raja Government Advocate (Crl.Side)

ORDER

Mr.P.Sathish, learned Additional Government Pleader takes notice on behalf of the 1st and 2nd Respondents. Mr.R.Vinoth Raja, learned Government Advocate (Crl.Side) takes notice on behalf of the 3rd and 4th Respondents.

2. The above Writ Petition is filed for a Mandamus to direct the 1st and 2nd Respondents to survey the lands of 1) Old Survey No.363/2 (T.S.No.16/2A) and 2) Old Survey No.363/3, situated at Avaniperur Melmugam Village, Edapadi Taluk, Salem District and 3) Survey No.642/7, situated at Vellarivelli Village, Edapadi Taluk, Salem District, with necessary police protection from 3rd & 4th Respondents respectively, based on the Page No. 2 of 5

Petitioner's applications No.2024/0178/08/000165 dated 23.04.2024 and 2024/0123/08/001923 dated 23.04.2024.

3. Heard the learned counsel on either side.

4. Considering the request of the Petitioner and also the fact that the Petitioner has made an application as early as on 23.04.2024, a mandamus is issued to the Respondent to conduct survey and subdivision of the petition mentioned property. The Petitioner shall submit all the relevant records to show their title to 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. The aforesaid exercise shall be completed within a period of six (6) weeks from the date of receipt of a copy of this Order.

5. With the above directions, this Writ Petition is allowed. No costs. 10.12.2024 Page No. 3 of 5

Index : Yes/No Speaking/Non-speaking Order rgm P.T.ASHA, J.

rgm To

1. The Tahsildar, Edapadi Taluk Office, Salem District.

2. The Land Surveyor, Edapadi Taluk Office, Salem District.

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

4. The Inspector of Police, Poolampatti Police Station, Salem District.

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