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Madras High CourtWP/9678/2025disposed of

S.Periyasamy v. The Thasildhar

2025-03-24Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

1. S.Periyasamy S/o.Sepperumal Padayachi, Door No.01, Elango Nagar, Ramanayaken Palayem, Attur Taluk, Salem District-636 108.

2.M.Chitra W/o.Late.Mani, New No.3/329, Vanniyapuram, Kalpaganur Psot, Attur Taluk, Salem District-636 109.

Petitioner(s) Vs

1. The Thasildhar Office Of The Thashildhar, Attur Taluk, Salem District.

2.The Surveyor (land) Attur Taluk, Salem District.

3.The Inspector Of Police Attur Rural Police Station, Salem District-636 102.

4.MURUGASEN S/o.Unnamalai, Kalpaganur post, Attur Taluk, Salem District-636 109.

5.DURAISAMY 1/4

Kalpaganur Post, Attur Tlauk, Salem District-636 109.

6.PACHIAMMAL D/o.Unnamalai, Kalpaganur Post, Attur Taluk, Salem District-636 109.

Respondent(s) Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the 1st and 2nd respondents to conduct survey and issue separate patta in favour of petitioners in S.Nos.179/8, 179/9A, 179/9B, 179/9C of Kalpaganur Village, Atur Taluk, of Beddanayakkanpalayam of Salem East in Combined patta No.1952 (3001, 3002) and further direction directing the 3rd respondent to provide police protection while the 2nd respondent performing the survey duty.

For Petitioner : Mr.G.Kumaresan For Respondents : Mr.M.R.Gokulkrishnan Additional Government Pleader [R1 & R2] Mr.V.J.Priyadarsana Government Advocate [Crl.side] [R3] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents 1 and 2 to act upon the application submitted by the petitioner seeking for the survey of the subject property and for issuance of separate patta in favour of the petitioners. 2/4

2. Heard Mr.G.Kumaresan, learned counsel for petitioner, Mr.M.R.Gokulkrishnan, learned Additional Government Pleader appearing for respondents 1 and 2 and Mr.V.J.Priyadarsana, learned Government Advocate [Crl.side] appearing for third respondent.

3. The petitioners are claiming right and title over the subject property and joint patta also stands in their names in patta Nos.3001 and 3002. The petitioners submitted an application for survey of the subject property and for issuance of separate patta in their favour. The same was not acted upon and hence, a representation was made on 26.07.2024. Since the same not considered, 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 respondents 1 and 2 to act upon the application submitted by the petitioners and conduct the survey in the subject property in the presence of other co-owners. This process shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order. 3/4

N.ANAND VENKATESH, J gm This writ petition is disposed of with the above direction. No costs.

24.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To

1. The Thasildhar Office Of The Thashildhar, Attur Taluk, Salem District.

2.The Surveyor (land) Attur Taluk, Salem District.

3.The Inspector Of Police Attur Rural Police Station, Salem District-636 102.

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