A.Padma vs The Tahsildar
2022 Latest Caselaw 4248 Mad

                                                                                 W.P.No.4840 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 04.03.2022

                                                         CORAM

                                  THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                W.P.No.4840 of 2022

                A.Padma                                                           ... Petitioner
                                                          Vs.
                1. The Tahsildar,
                   Salem West,
                   Salem City, Salem.

                2. The Town Sub Inspector of Survey,
                   Sooramangalam, Zonal Corporation Office,
                   Old Sooramangalam, Suramangalam Post,
                   Salem – 636005.                                              ... Respondents

                PRAYER: The Writ Petition filed under Section 226 of Constitution of India,
                pleased to issue a Writ of Mandamus or any other appropriate writ, order by
                directing the respondents herein to survey the property comprised in TS.No.3/3,
                3/8, 3/9, 3/10 and 3/11 of Narasothipatti Village, Salem West Taluk, Salem
                District in the light of the Judgment of this Hon'ble Court made in the order
                dated 05.10.2020 in WP(MD) No.13465 of 2020 and fix boundary stones
                within a reasonable time as fixed by this Hon'ble Court.
                                        For Petitioner     : Mr.R.Nalliyappan
                                        For Respondents    : Mr.G.Nanmaran
                                                             Special Government Pleader

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                                                                                         W.P.No.4840 of 2022



                                                          ORDER

Writ Petition has been filed to direct the respondents herein to survey

the property comprised in TS.No.3/3, 3/8, 3/9, 3/10 and 3/11 of Narasothipatti

Village, Salem West Taluk, Salem District in the light of the Judgment of this

Court made in the order dated 05.10.2020 in WP(MD) No.13465 of 2020 and

fix boundary stones within a reasonable time as fixed by this Court.

2. Mr.G.Nanmaran, Special Government Pleader takes notice for the

respondents.

3. The case of the petitioner is that the petitioner is the owner of the

property comprised in SF.No.39/2B2 of Narosothipatti Village to an extent of

17 cents and joint patta was issued for 1.97 acres by including the name of the

petitioner along with other land owners jointly. Now the survey number has

been renumbered as Town Survey No.3/3. While being so, for the property

belongs to the petitioner, there is a public pathway existing and in the revenue

records it is mentioned as “Nilaviyal Pathai”. Some of the real estate owners

were encroached over the said pathway, hence the petitioner made a detailed

https://www.mhc.tn.gov.in/judis W.P.No.4840 of 2022

representation before the respondents to survey the entire stretch of the

properties enable to find out the encroachments. Thereafter, the 2nd respondent

also conducted enquiry on the application of the petitioner. While being so, one

Mr.Andiappan filed a suit in O.S.No. 584 of 2021 on the file of the III

Additional District Munsif Court at Salem for a relief of Permanent Injunction.

Subsequent to that the 2nd respondent evaded to survey the said property by

stating that the suit is pending with respect of the said property. Thereafter, the

petitioner made a representation on 20.11.2021 and the same was forwarded by

the Revenue Inspector on 16.12.2021. On that date, the plaintiffs in the suit

were not appeared, thereby the survey was not carried out. Hence, the present

petition has been filed seeking the aforesaid relief.

4. Though very many grounds have been raised, learned counsel for

the petitioner submits that it would suffice if this Court issues a direction to the

2nd respondent to implement the order dated 16.12.2021 and dispose of the

same in accordance with law within a particular time frame fixed by this Court.

https://www.mhc.tn.gov.in/judis W.P.No.4840 of 2022

5. The learned Special Government Pleader has no objection to the

said order being passed.

6. In view of the aforesaid submissions, this Court without expressing

any opinion on the merits of the case directs the respondents to consider the

petitioner's representation dated 20.11.2021, and pass appropriate orders after

providing opportunity to the plaintiffs in O.S.No.584 of 2021, on the same in

accordance with law, within a period of twelve weeks from the date of receipt

of a copy of this order.

7. Accordingly, this writ petition is disposed of with the aforesaid

direction. No costs.

04.03.2022 rgi/nhs Speaking Order/Non Speaking Order Index: Yes/No Internet: Yes/No

https://www.mhc.tn.gov.in/judis W.P.No.4840 of 2022

To

1. The Tahsildar, Salem West, Salem City, Salem.

2. The Town Sub Inspector of Survey, Sooramangalam, Zonal Corporation Office, Old Sooramangalam, Suramangalam Post, Salem – 636005.

https://www.mhc.tn.gov.in/judis W.P.No.4840 of 2022

M.DHANDAPANI,J.

rgi/nhs

W.P.No.4840 of 2022

04.03.2022

https://www.mhc.tn.gov.in/judis