Shivakumar G v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2025

CORAM

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH G.Shivakumar .... Petitioner Vs 1.The Tahsildar Taluk Office, Thalavadi Erode District.

2.The Inspector of Police Thalavadi Police Station Thalavadi, Erode District.

3.Sivasankar 4.Savitha ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to survey, demarcate and fix the boundary stones for the petitioner's undivided share in the properties situated in Survey No.14/1 to an extent 1.96.5 hectares and Survey No.16/1 to an extent 0.92.0 hectares at Karalavadi Village, Thalavadi Taluk Erode District and consequently direct the second respondent to provide adequate and effective police protection by considering my representation dated 15.07.2025 and pass orders.

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For Petitioner : Mr.M.Dinesh For Respondents : Mr.C.Jayaprakash Government Advocate for R1 Mr.L.Baskaran Government Advocate (Crl. Side) for R2

ORDER

This writ petition has been filed for issue of Writ of Mandamus directing the first respondent to act upon the application submitted by the petitioner wherein the petitioner is seeking for survey and demarcation of boundaries.

2. Heard Mr.M.Dinesh, learned counsel appearing for the petitioner and Mr.C.Jayaprakash, learned Government Advocate appearing for the first respondent and Mr.L.Baskaran, learned Government Advocate (Crl. Side) appearing for the second respondent.

3. It is an admitted case of the petitioner that the property originally belonged to the petitioner's father and on his demise, it was inherited by the petitioner and the third respondent who is his brother. There seems to be some dispute between the petitioner and the respondents 3 and 4. The petitioner claims that there was oral partition and hence, the portion that was allotted to the 2/4

petitioner must be surveyed and boundaries must be fixed.

4. In the considered view of this Court, there is no material to show that the property has been partitioned between the parties. In view of the same, without seeking for the relief of partition before the competent Court, it is not possible for the first respondent to demarcate the boundaries.

5. In view of the same, liberty is granted to the petitioner to work out the remedy before the competent Court.

6. This writ petition is disposed of with the above direction. No costs. 29.10.2025 Index : Yes / No Speaking Order/Non-Speaking Order ds 3/4

N. ANAND VENKATESH., J ds To:

1.The Tahsildar Taluk Office, Thalavadi Erode District.

2.The Inspector of Police Thalavadi Police Station Thalavadi, Erode District.

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