K.Senthilkumar v. The Tahsildar

In the High Court of Judicature at Madras Dated : 21.1.2025 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.1118 of 2025 K.Senthikumar

...Petitioner

Vs

1. The Tahsildar Veppanthattai Taluk Perambalur District.

2. The Inspector of Police Arumbavur Police Station Veppanthattai Taluk Perambalur District.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent to survey the petitioner's natham house land comprised in old Survey No.834/3 & new Survey No.288/20, patta No.540 situated at Poolambadi East Village, Veppanthattai Taluk and Perambalur District by passing an order based on the petitioner's online payment and Echallan dated 11.4.2024. For Petitioner :

Mr.T.Velu For Respondents :

Mr.A.Selvendran, SGP 1/5

ORDER

Seeking a direction to the first respondent to consider his request to conduct a survey in respect of the land in old survey No.834/3, new survey No.288/20, patta No.540, Poolambadi East Village, Veppanthattai Taluk, Perambalur District, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for the respondents.

3. The petitioner would contend that he is the absolute owner of the subject property. He acquired it by way of a sale deed dated 14.3.2024 vide Doc.No.941 of 2024 on the file of the Sub-Registrar, Veppanthattai. The patta was also issued in his favour. As there has been some attempts by the adjacent land owners to trespass into the subject property, the petitioner made a request to the first respondent to conduct a survey. For such purpose, he also made the online payment on 11.4.2024. As it did not evoke any response, the petitioner sent a representation dated 03.6.2024 to the respondents respectively seeking to conduct a survey in respect of the subject property and to give protection at the time of conducting the survey. 2/5

But, nothing was forthcoming. Hence the writ petition.

4. As seen from the copy of the documents enclosed along with the affidavit filed in support of the writ petition, the subject property belongs to the petitioner. Hence, the petitioner requested the first respondent to conduct a survey by sending the representation dated 03.6.2024 by making payment even before sending the said representation.

5. 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 representation of the petitioner dated 03.6.2024 to conduct a survey in respect of the subject property. The petitioner shall submit all the relevant records to show his title to the subject property and the first respondent shall, after issuing notice to adjacent land owners and other interested parties, hold an enquiry and thereafter pass orders either surveying the subject property or rejecting the request. If there is any disturbance while conducting the survey, the first respondent may approach the second respondent for necessary police protection. The aforesaid exercise shall be completed within a period of 12 weeks 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. 3/5

21.1.2025 4/5

P.T.ASHA,J RS To

1. The Tahsildar Veppanthattai Taluk Perambalur District.

2. The Inspector of Police Arumbavur Police Station Veppanthattai Taluk Perambalur District.

21.1.2025 5/5