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Madras High CourtWP/18811/2026disposed of

K.Selladurai v. The District Collector

2026-06-08Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-06-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY K.Selladurai S/o.Kullan, Middle Street, Melvazhappadi, Villupuram-606 207 ..Petitioner(s) Vs

1. the District Collector Kallakurichi District, V.O.C. Nagar, Kallakurichi-606 202

2. The District Superintendent of police, Kallakurichi District, 48, Gandhi Road, V.O.C. Nagar, Kallakurichi-606 202

3. the Tahsildar Kalvarayan Taluk, Vellimalai, Kallakurichi-606 209

4. The Inspector of Police Kariyalur Police Station, Kariyalur Kallakurichi 606 207

5. A.Chinnaiyan S/o.Annamalai, Vellimalai, Kallakurichi-606 209 ..Respondent(s)

Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the petitioners representation dated 15.09.2025 and survey the petitioners land with police protection within a time frame fixed by this Honble Court For Petitioner(s):

Mr.A.Sundaravadhanan For Respondent(s):

Ms.Inthu Karunakaran, Govt's counsel for R1 to 4

ORDER

This writ petition has been filed to direct the respondents to consider the petitioner's representation dated 15.09.2025.

2. Ms.Inthu Karunakaran, learned Government's counsel, takes notice on behalf of the respondents.

3. By consent of the parties, the main petition is taken up for disposal in the stage of admission itself.

4. The learned counsel for the petitioner would submit that in this case, the petitioner had filed a representation dated 15.09.2025 for conducting survey at the subject land. However, the said representation was not at all considered by the respondents till date. Hence, this petition.

5. In reply, the learned Government's counsel appearing for the respondents would submit that the 5th respondent is also claiming rights over the subject property and hence, they are not in a position to pass orders based on the petitioner's representation.

6. Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record.

7. In the case on hand, the petitioner had filed a representation dated 15.09.2025 for conducting survey at the subject land. However, the said representation was not at all considered by the respondents till date.

8. On the other hand, it was submitted by the respondents that the 5th respondent is also claiming rights over the subject property and hence, they are not in a position to pass orders based on the petitioner's representation.

9. Normally, if any objection is raised by the 5th respondent, certainly the 3rd respondent will not be in a position to measure the subject property. However, there is no impediment for the 3rd respondent to conduct the enquiry and pass appropriate orders based on the petitioner's representation.

10. Even if there is any serious objection raised on the part of the 5th respondent, the same has to be duly considered and recorded in the order. However, instead of doing so, the 3rd respondent had kept the said representation pending for more than 6 months. This show nothing but the lethargic attitude of the 3rd respondent and this Court is not happy with the way, in which the petitioner's representation is dealt with by the 3rd respondent.

11. In view of the above, this Court directs the 3rd respondent to consider the petitioner's representation and after issuing notice to all the concerned parties, pass orders, on merits and in accordance with law, within a period of 4 weeks from the date of receipt of a copy of this order.

12. Further, this Court directs the 1st respondent to look into the aspect of failure on the part of the 3rd respondent in considering the petitioner's representation till date and take appropriate action against him. The report with regard to the action taken against the 3rd respondent shall be submitted before this Court on 29.07.2026.

13. With the above directions, this writ petition is disposed of. No cost.

14. Post this matter on 29.07.2026 for reporting compliance. 08-06-2026 Index: Yes/No Speaking/Non-speaking order nsa To

1. the District Collector Kallakurichi District, V.O.C. Nagar, Kallakurichi-606 202

2. The District Superintendent of police, Kallakurichi District, 48, Gandhi Road, V.O.C. Nagar, Kallakurichi-606 202

3. the Tahsildar Kalvarayan Taluk, Vellimalai, Kallakurichi-606 209

4. The Inspector of Police Kariyalur Police Station, Kariyalur Kallakurichi 606 207

KRISHNAN RAMASAMY J.

nsa 08-06-2026