Mr.S.Arulkumar v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2025

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Mr.S.Arulkumar ... Petitioner Vs.

1. The Tahsildar, Attur Taluk, Salem District.

2. The Inspector of Police, Attur Rural Police Station, Attur Taluk, Salem District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus, directing the first respondent to survey the petitioner Agriculture land comprised in survey No.322/9, patta no.3489 situated at Paithur North Village, Athur Taluk and Salem District by passing order based on the petitioner online payment and E - challan dated 10.06.2024 and pass such further or other orders as this Hon'ble Court deems fit and proper.

For Petitioner : Mr.S.Varatharajan For R1 : Mr.A.Selvendran, Special Government Pleader

For R2 : M/s.V.J.Priyadarsana, Government Advocate (Crl.Side)

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the first respondent to act upon the application submitted by the petitioner on 10.06.2024 wherein the petitioner is seeking for survey of the subject property for demarcation of boundaries.

2. Heard Mr.S.Varatharajan, learned counsel for the petitioner, Mr.A.Selvendran, learned Special Government Pleader appearing on behalf of the first respondent and M/s.V.J.Priyadarsana, learned Government Advocate (Crl.Side) appearing on behalf of the second respondent.

3. The petitioner is claiming right over the subject property through a Will dated 23.02.2017. The petitioner is also placing reliance upon the patta granted in favour of his father in Patta No.3489. The petitioner submitted an online application seeking for survey of the subject property and necessary charges were also paid. Since the same was not acted upon, the present writ petition has been filed before this court.

4. Taking into consideration the facts and circumstances of the case and the materials placed before this court, there shall be a direction to the first respondent to survey the subject property based on the application submitted by the petitioner on 10.06.2024 within a period of four weeks from the date of receipt of a copy of this order. If there are any objections/ rival claimants, the survey shall be conducted in their presence. If necessary, the second respondent shall give police protection. This process shall be completed within a period of four weeks from the date of receipt of a copy of this order.

5. This writ petition is disposed of with above directions. No costs. 25.02.2025 skr Index : Yes / No Speaking order / Non-speaking order To

1. The Tahsildar, Attur Taluk, Salem District.

2. The Inspector of Police, Attur Rural Police Station, Attur Taluk, Salem District.

N. ANAND VENKATESH, J.

skr 25.02.2025