Rajamabal v. The Tahsildar
In the High Court of Judicature at Madras Dated : 09.1.2025 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.276 of 2025 Rajambal
...Petitioner
Vs 1.The Tahsildar, Rasipuram Taluk, Namakkal District.
637408.
2.The Surveyor, Rasipuram Taluk, Namakkal District.
637408.
3.The Superintendent of Police, Namakkal, Namakkal District.
4.The Inspector of Police, Rasipuram Police Station, Namakkal District.
5.P.Palanisamy
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to consider the petitioner's representation dated 03.12.2024 and thereby directing the 2nd respondent to measure and mark the boundaries by laying boundary stones in the petitioner's agricultural land in survey No.90/2B, Kattanachampatti Village, Rasipuram Taluk, Namakkal District - 637408 on the basis of the petitioner's representation dated 03.12.2024 and thereby directing 4th respondent 1/4
to provide police protection a the time of marking he boundary. For Petitioner :
Mr.A.J.Mohamed Kasim For R1 & R2 :
Mr.A.Selvendran, SGP For R3 & R4 :
Mr.R.Vinoth Raja, GA (Crl.Side)
ORDER
Seeking a direction to the first respondent to consider her representation dated 03.12.2024 to conduct a survey in respect of the agricultural land in survey No.90/2B, Kattanachampatti Village, Rasipuram Taluk, Namakkal District - 637408 with police protection, the petitioner is before this Court.
2. Heard the learned counsel for the petitioner, the learned Special Government Pleader accepting notice for respondents 1 and 2 and the learned Government Advocate (Crl.Side) accepting notice for respondents 3 and 4.
3. The petitioner would contend that she is the absolute owner of the subject property. She has been doing agricultural activities in the subject property along with her sons. When the petitioner attempted to fence the subject property, there had been some intervention by the fifth respondent, pursuant to which, the petitioner lodged a complaint to the fourth respondent and it was closed 2/4
subsequently. In order to protect the subject property, the petitioner sent a representation dated 03.12.2024 to the first respondent seeking to conduct a survey. As it did not evoke any response, the petitioner has come forward with this writ petition.
4. Considering the facts and circumstances of the case, the writ petition is allowed and a Mandamus is issued to the first respondent to consider the said representation of the petitioner dated 03.12.2024 for conducting a survey in respect of the subject property. The petitioner shall submit all the relevant records to show her title to the subject property and the first respondent shall, after issuing notice to the fifth respondent and other interested parties, hold an enquiry and thereafter pass orders either surveying and subdividing the property or rejecting the request. If there is any disturbance while conducting the survey, the first respondent may approach respondents 3 and 4 for necessary police protection. The aforesaid exercise shall be completed within a period of five months from the date of receipt of a copy of this order. It is made clear that in the case of rejection, a speaking order shall be passed by the first respondent. No costs. 09.1.2025 3/4
P.T.ASHA,J RS To 1.The Tahsildar, Rasipuram Taluk, Namakkal District.
637408.
2.The Surveyor, Rasipuram Taluk, Namakkal District.
637408.
3.The Superintendent of Police, Namakkal, Namakkal District.
4.The Inspector of Police, Rasipuram Police Station, Namakkal District.
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