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2025 DAILYLAW 223639 (MAD)

B.S.GANGA v. THE TAHSILDAR

WP/40522/2025 · 2025-10-29

N Anand Venkatesh

Transfer Petitionbody2025

Judgment text

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W.P.No.40522 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.10.2025 CORAM THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P.No.40522 of 2025 B.S.Ganga .... Petitioner Vs 1.The Tahsildar Hosur Taluk Hosur Krishnagiri District. 2.The Sub Inspector of Survey Hosur Taluk Hosur Krishnagiri District. 3.The Inspector of Police Bagalur Police Station Krishnagiri District. ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 and 2 to measure the land and fix the boundaries in Survey No.40/7 to the total extent of 0-15.00 Ares, situated at Dinaapalli Choodapuram Village, Hosur Taluk Krishnagiri District with the assistance of the third respondent within the time frame fixed 1/5 https://www.mhc.tn.gov.in/judis W.P.No.40522 of 2025 by this Court as per the petitioner's application dated 28.06.2025 within a stipulated time fixed by this Court and pass orders. For Petitioner : Mr.M.P.Saravanan For Respondents : Mr.C.Jayaprakash Government Advocate for R1 & R2 Mr.L.Baskaran Government Advocate (Crl.Side) for R3 ORDER This writ petition has been filed for issue of Writ of Mandamus directing the first and second respondents to act upon the application submitted by the petitioner, wherein the petitioner is seeking for survey of the subject property and for fixing the boundaries with the assistance of the third respondent. 2. Heard Mr.M.P.Saravanan, learned counsel appearing for the petitioner and Mr.C.Jayaprakash, learned Government Advocate appearing for the respondents 1 and 2 and Mr.L.Baskaran, learned Government Advocate (Crl.Side) appearing for the third respondent. 3. The case of the petitioner is that by virtue of a partition deed that was 2/5 https://www.mhc.tn.gov.in/judis W.P.No.40522 of 2025 executed on 18.08.2021 amongst the legal heirs of late Subbarayappa, the petitioner who is one of the legal heir of said Subbarayappa was allotted a land in Survey No.40/7 measuring an extent of 0-15.00 ares. The petitioner wanted a survey to be conducted in the subject property in order to fix the boundaries in line with the partition deed. Hence, an application was submitted on 28.06.2025 by the petitioner along with necessary fees. When the survey was attempted to be conducted, the same was objected to by one Ramamurthy. Hence, no survey could be conducted. It is in these circumstances, the present petition came to be filed before this Court. 5. Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court, there shall be a direction to the first and second respondents to act upon the application submitted by the petitioner on 28.06.2025 and conduct survey in the subject property based on the civil Court decree and also the title documents namely the partition deed dated 18.08.2021, and complete the said exercise within a period of four weeks from the date of receipt of a copy of this order. Since some objections are raised by private parties, the survey shall be conducted in the presence of the 3/5 https://www.mhc.tn.gov.in/judis W.P.No.40522 of 2025 interested parties and if required, the respondents 1 and 2 shall seek police aid from the third respondent. 6. This writ petition is disposed of with the above directions. No costs. 29.10.2025 Index : Yes/No Speaking Order/Non-Speaking Order Neutral citation : Yes/No ds To: 1.The Tahsildar Hosur Taluk Hosur Krishnagiri District. 2.The Sub Inspector of Survey Hosur Taluk Hosur Krishnagiri District. 3.The Inspector of Police Bagalur Police Station Krishnagiri District. 4/5 https://www.mhc.tn.gov.in/judis W.P.No.40522 of 2025 N. ANAND VENKATESH., J ds W.P.No.40522 of 2025 29.10.2025 5/5 https://www.mhc.tn.gov.in/judis