A Writ Petition under Article 226 was filed seeking directions to the Tahsildar to survey and demarcate land acquired by the petitioner. The Court allowed the petition, directing the Tahsildar to hold an enquiry, survey the property, and fence it within six weeks.
Mandamus issued to the Tahsildar to survey, demarcate, and fence the property within 6 weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP.No.36005 of 2024
In the High Court of Judicature at Madras
Dated : 02.12.2024
Coram :
The Honourable Ms.Justice P.T.ASHA
Writ Petition No.36005 of 2024
Shakkthi
...Petitioner
Vs
PETITION under Article 226 of The Constitution of India praying
for the issuance of a Writ of Mandamus directing the 2nd and the 3rd respondents to take steps to measure and demarcate the property being all that piece and parcel of land in J.Krishnapuram Village, Sulur Taluk, Coimbatore District comprised in Old S.No.302/1, New S.No. 302/1C to an extent of 1.22 acres to put the fencing to the property with the aid of the fourth respondent within a time framed
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fixed by this Court.
For Petitioner : Mr.M.Selvam For R1 to R3 : Mr.M.R.Gopul Krishnan, AGP For R4 : Mr.R.Vinoth Raja, GA (Crl.Side)
ORDER
Seeking a direction to respondents 2 and 3 to conduct a survey, demarcate the boundaries and put fencing to the property in Old S.No.302/1, New S.No.302/1C measuring 1.22 acres, J.Krishnapuram Village, Sulur Taluk, Coimbatore District with the aid of the fourth respondent, the petitioner is before this Court.
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been paying the property tax in respect of the said property. The petitioner made an online application on 21.10.2024 to the second respondent to conduct a survey and demarcate the boundaries. The petitioner also paid necessary fees. As it did not evoke any response, the petitioner is before this Court.
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conducting the survey, the second respondent may approach the fourth respondent for necessary police protection. The aforesaid exercise shall be completed within a period of 6 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 second respondent. No costs.
02.12.2024
To
RS
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P.T.ASHA,J
RS
WP.No.36005 of 2024
02.12.2024
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2 issues framed by the court
Whether the Respondent Tahsildar is directed to survey and demarcate the petitioner's property and put up a fence?
Whether the petitioner is required to provide a speaking order in case the request for survey is rejected?
Shakkthi
District Collector, Coimbatore District
Tahsildar, J.Krishnapuram Village
District Surveyor, J.Krishnapuram Village
Inspector of Police, Sulthanpettai Police Station
P.T. ASHA
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
