Madras High Court
A.Ramasamy vs The Taluk Tashildar on 27 September, 2024
W.P.No.28222 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.09.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.P.No.28222 of 2024
A.Ramasamy ... Petitioner
vs.
1.The Taluk Tashildar,
Office of the Taluk Tashildar,
Coimbatore North
Coimbatore.
2.The Taluk Head Surveyor
Office of the Taluk Tashildar,
Coimbatore North
Coimbatore.
3.The Inspector of Police,
E-2 Police Station,
Peelamedu,
Coimbatore City.
4.K.Ganapathy
5.G.Raghupathy
6.G.Ranganathan
7.A.Sundaram
8.S.Geetha
9.S.Uma
1/6
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W.P.No.28222 of 2024
10.S.Selvi ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the 1st and 2nd Respondents to
act upon the Petitioner's application dated 25.11.2021 and conduct the
survey of the subject property being land extent of 3.60 cents or 1.46 ares in
Survey No.735/5B in Kalapatti Village, Coimbatore North, Coimbatore
District and demarcate the boundaries by availing the assistance of the 3rd
Respondent in the event of any obstruction from the Private Respondents,
within a time period to be stipulated by this Court.
For Petitioner : Ms.U.Ramya
for M/s.R.Bharath Kumar
For R1 and R2 : Mr.P.Sathish
Additional Government Pleader
For R3 : Mr.S.Sugendran
Additional Public Prosecutor
ORDER
By consent of both the learned counsel appearing for the petitioner as
well as respondents 1 to 3, this writ petition is disposed of at the admission
stage itself.
2. The petitioner herein seeks a direction to the respondents 1 and 2 to
act upon the petitioner's application dated 25.11.2021 seeking survey his
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property with an extent of 3 acres 60 cents situated in Survey No.735/5B,
Kalapatti Village, Coimbatore North, Coimbatore District.
3. It is the case of the petitioner that he has been in possession and
enjoyment of the above mentioned property for very long time and revenue
documents also stands in his name in Patta No.4260. The petitioner
submitted an application seeking survey of the land on 25.11.2021 and the
survey of the subject land was resisted by the private respondents.
Therefore, the Official Respondents are prevented from undertaking survey
of the above mentioned land as per the application submitted by the
petitioner.
4. The learned counsel appearing for the petitioner also drawn the
attention of this Court to the judgment passed by this Court in S.A.No.721
of 1997, wherein dismissal of the suit filed by the 4th respondent herein was
confirmed by this Court. Therefore, it is the contention of the learned
counsel for the petitioner that the private respondents having failed to
establish their right before the Civil Court, are not entitled to resist the
request of the petitioner for survey of the land.
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5. Mr.P.Sathish, learned Additional Government Pleader, who is
taking notice for the respondents 1 and 2 would submit that the application
of the petitioner dated 25.11.2021 will be considered by the 1st respondent
on its own merit, after issuing notice to the private respondents, within the
time fixed by this Court.
6. In view of the same, without going into the merits of the claim
made by the petitioner, this Court is inclined to direct the 1st respondent to
consider the application of the petitioner dated 25.11.2021 and pass final
orders on its own merit and in accordance with law, after issuing necessary
notice to the private respondents 4 to 10, within a period of eight weeks
from the date of receipt of a copy of this order.
7. With the above direction, the Writ Petition stands disposed of. No
costs.
27.09.2024
Index : Yes/No
Speaking order:Yes/No
Neutral Citation:Yes/No
dm
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To
1.The Taluk Tashildar,
Office of the Taluk Tashildar,
Coimbatore North
Coimbatore.
2.The Taluk Head Surveyor
Office of the Taluk Tashildar,
Coimbatore North
Coimbatore.
3.The Inspector of Police,
E-2 Police Station,
Peelamedu,
Coimbatore City.
https://www.mhc.tn.gov.in/judis
S.SOUNTHAR, J.
dm
27.09.2024
https://www.mhc.tn.gov.in/judis
