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Madras High CourtWP/874/2025allowed

M.Muniraj v. The District Collector

2025-01-20Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA M.Muniraj ... Petitioner Vs.

1.The District Collector O/O The District Collector, Krishnagiri District 2.The District Revenue Officer O/O District Revenue Office, Krishnagiri District 3.The Superintendent Of Police O/O The Superintendent Of Police, Krishnagiri District 4.The Tahsildar Denkanikottai Taluk Office, Krishnagiri District 5.The Head Surveyor Denkanikottai Taluk Office, Krishnagiri District 6.The Inspector Of Police Thally Police Station, Krishnagiri District

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of 1/6

India praying for issuance of a writ of Mandamus, Direct the respondents 4 to 5 to survey the land by taking police protection from the 2nd respondent pursuant to the petitioners request vide - challan dated 27.08.2024 vide petitioner No. 2024 / 0123 / 31 / 004777 in respect of the property at Survey No 145/2 145/4, 145/5 and 145/6 in Patta No 6398 in Madakkal Village. Anchetty Taluk, Krishnagiri District.

For Petitioner : M/s.T.Elumalai For Respondents : M/s.A.Selvendran, Spl.G.P.

for respondents 1 to 6.

O R D E R

The above Writ Petition has been filed to direct the respondents 4 to 5 to survey the land by taking police protection from the 2nd respondent pursuant to the petitioner's request vide e-challan dated 27.08.2024 vide Petition No.2024 / 0123 / 31 / 004777 in respect of the property at Survey Nos.145/2 145/4, 145/5 and 145/6 in Patta No.6398 in Madakkal Village. Anchetty Taluk, Krishnagiri District. 2/6

2.The grievance of the petitioner is that despite making an online application on 27.08.2024, a survey of the land in question has not been conducted to date.

3. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for the respondents.

4. Considering the facts and circumstances of the case, the respondents 4 & 5 are directed to consider the petitioner's application and conduct survey of the subject property. The petitioner shall submit all the relevant records to show his title to the property and the respondents 4 & 5 shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, proceed to pass orders either surveying and subdividing the property or rejecting the request. In the case of a rejection, a speaking order shall be passed. In case, the respondents 4 and 5 require the assistance of police authority, the jurisdictional police shall give necessary 3/6

protection as and when asked for. The said exercise shall be completed within a period of 6 weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is allowed. No costs.

20.01.2025 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The District Collector O/O The District Collector, Krishnagiri District 2.The District Revenue Officer O/O District Revenue Office, Krishnagiri District 3.The Superintendent Of Police O/O The Superintendent Of Police, Krishnagiri District 4.The Tahsildar Denkanikottai Taluk Office, Krishnagiri District 5.The Head Surveyor Denkanikottai Taluk Office, Krishnagiri District 6.The Inspector Of Police 4/6

Thally Police Station, Krishnagiri District P.T. ASHA . J., (shr) 5/6