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Madras High CourtWP/9192/2025disposed of

P.Sathishkumar v. The District Collector

2025-03-19Honourable Mr Justice N. Anand Venkatesh6 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH P.Sathishkumar Petitioner(s) Vs

1. The District Collector Office of the Distirct Collectorate, Thiruvalur District 2.Tahsildar Gumudipondi Taluk, Thiruvlaur District 3.The Inspector of Police Kavarapetai Police Station, Kavarapetai, Thiruvallur Distirct 4.Lalitha 5.Bhuvaneshwari 6.Mageswari 7.Mokesh

2/6 Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, Directing the 2nd respondent to dispose of the petitioner application dated 22.02.2025 for conducting survey and demarcation of the boundaries in Survey No 268/2 of an total extent 6.6 cents situated at Thiyagaraya Street, Kavarapetai Gumudipondi Taluk, Thiruvallur District within a stipulated time as may be fixed by this Court on merits and to provide adequate police protection while at the time of measuring the land. For Petitioner(s):

Mr.Krishnasamy Chinnasamy For Respondent(s):

Mr.S.Jayachandran Government Advocate for R1 and R2 Mr.V.J.Priyadarsana Government Advocate for R3 Mr.R.Rajaramani for R4 to R7

ORDER

This writ petition has been filed for issue of writ of mandamus directing the 2 nd respondent to act upon the application submitted by the petitioner on 22.02.2025, wherein, the petitioner has sought for the survey and demarcation of boundaries with respect to the subject property.

3/6 2.Heard Mr.Krishnasamy Chinnasamy, learned counsel appearing on behalf of the petitioner, Mr.S.Jayachandran, learned Government Advocate appearing on behalf of the respondent 1 and 2, Mr.V.J.Priyadarsana, learned Government Advocate appearing on behalf of the 3 rd respondent and Mr.R.Rajamani, learned counsel appearing on behalf of respondents 4 to 7. 3.The petitioner is placing reliance upon the patta that has been issued in the name of the petitioner. The petitioner wanted to conduct a survey in the subject property and accordingly, submitted an application on 20.02.2025 by paying the necessary charges. When an attempt was made to conduct the survey, the same was prevented by the private respondents and as a result, the survey was not conducted. It is under these circumstances, the present writ petition has been filed before this Court.

4.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 2 nd respondent to act upon the application submitted by the petitioner on

4/6 20.02.2025 and to conduct the survey in the subject property based on the patta that has already been issued in the name of the petitioner. If there is any resistance, the 3 rd respondent shall provide police protection. If at all, the private respondents have any right over the property, it is left open to them to agitate the same before the competent Civil Court. If they have any right over the property, they can present with the relevant documents before the 2 nd respondent at the time of survey. The entire process shall be completed, within a period of four weeks from the date of receipt of copy of this order. 6.This writ petition is disposed of with the above directions. No Costs. 19-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To

1. The District Collector Office of the Distirct Collectorate, Thiruvalur District 2.Tahsildar Gumudipondi Taluk, Thiruvlaur District 3.The Inspector of Police Kavarapetai Police Station, Kavarapetai, Thiruvallur Distirct

6/6 N.ANAND VENKATESH J.

ssr 19-03-2025