Venkadachalam v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Venkadachalam

...Petitioner

Vs 1.The Tahsildar, Mettur Taluk, Salem District.

2.The Inspector of Police, Karumalaikoodal Police Station, Salem District.

3.Ammasi

...Respondents

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the 1st respondent to survey & point out the field boundaries of petitioner's property comprised in Survey Nos.107/2B & 130/2C at Gonur West Village Mettur Taluk, Salem District to an extent of 3 acre 14 cents by fixing stones with Police aid of 2nd respondent in pursuance of petitioner's representation dated 17.10.2024.

For Petitioner : Mr.C.Deepak Kumar For Respondents : Mr.S.Jayachandran (For 1 & 2) Government Advocate 1/4

ORDER

The present Writ Petition has been filed seeking direction to respondents to survey the petition mentioned property. 2.The petitioner's contention is that the petitioner was in continuous possession of property comprised in Survey Nos.107/2B and 130/2C at Gonur West Village, Mettur Taluk, Salem District to an extent of 4 acre 21 cents and first respondent had issued patta bearing No.888 in favour of petitioner. On 24.04.2024, petitioner sold a part of his property in Survey No.130/2C to one Muniyagoundar by executing a registered sale deed vide Document No.1509/2023 on the file of SRO, Mettur. The third respondent who is the adjacent land owner of the petitioner's property opposed to survey his land. Thereafter, he made a representation dated 17.10.

2024 to the first respondent to survey the said property and he had paid the necessary charges. However, the survey has not been conducted to date. Therefore, the petitioner is before this Court. 3.Heard the learned counsels on the either side and perused the records. The learned Government Advocate takes notice on behalf of respondents 1 and 2.

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4.Considering the facts and circumstances of the case, mandamus is issued to the respondents to conduct survey of the petition mentioned property. The petitioner shall submit all the relevant records to show his 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 8 weeks from the date of receipt of a copy of this order. 5.With the above directions, this Writ Petition is allowed. No costs.

02.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep 3/4

P.T.ASHA , J, ep To 1.The Tahsildar, Mettur Taluk, Salem District.

2.The Inspector of Police, Karumalaikoodal Police Station, Salem District.

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