Malarkodi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2025

CORAM

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH Malarkodi .... Petitioner Vs 1.The District Collector Cuddalore District Cuddalore.

2.The Revenue Divisional Officer Cuddalore Revenue Division Cuddalore Cuddalore District.

3.The Tahsildhar Kurinjipadi Taluk Kurinjipadi Cuddalore District.

4.The Taluk Surveyor Kurinjipadi Taluk Kurinjipadi Cuddalore District.

5.The Inspector of Police Nellikuppam Police Station Nellikuppam - 607 105 Cuddalore District.

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6.M.Vignesh 7.M.Anjugam .... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the respondents 2 to 4 to survey and demarcate the boundaries of the petitioner's land in S.No.32/1B (Patta No.5324) to an extent of 51 cents, situated at Vellakarai Revenue Village, Cuddalore Taluk, Cuddalore District with the help of the fifth respondent police.

For Petitioner : Mr.M.R.Jothimanian For Respondents : Mr.P.Sathish Additional Government Pleader [R1 to R4] Mr.V.J.Priyadarsana Government Advocate [Crl. Side] for R5

ORDER

This writ petition has been filed for issue of Writ of Mandamus directing the official respondents, in particular, the third and fourth respondents to act upon the online application submitted by the petitioner on 06.09.2024, wherein the petitioner has sought for survey of the subject property and for demarcation of boundaries.

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2. Heard Mr.M.R.Jothimanian, learned counsel appearing for the petitioner and Mr.P.Sathish, learned Additional Government Pleader for the respondents 1 to 4 and Mr.V.J.Priyadarsana, learned Government Advocate [Crl. Side] for the fifth respondent.

3. The petitioner had submitted an application on 06.092024 and thereafter, notice was also issued for conducting survey on 12.02.2025. However, the survey was not conducted since it was objected by respondents 6 and 7.

4. In the considered view of this Court, the petitioner is placing reliance upon certain documents including the patta that was issued in the name of the petitioner in Patta No.5324. Hence, the survey has to be conducted on the basis of the documents relied upon by the petitioner and if at all there is any objection from the private respondents, such survey can be conducted in their presence and if the private respondents have any other right over the subject property, they can work out the remedy before the competent civil Court. To ensure no law and order problem is created, the fifth respondent is directed to provide police protection, if required. This entire process shall be completed 3/6

by the third and fourth respondents within a period of four weeks from the date of receipt of a copy of this order.

5. The writ petition is disposed of with the above directions. No costs. 19.03.2025 Index : Yes/No Speaking Order/Non-Speaking Order ds 4/6

To:

1.The District Collector Cuddalore District Cuddalore.

2.The Revenue Divisional Officer Cuddalore Revenue Division Cuddalore Cuddalore District.

3.The Tahsildhar Kurinjipadi Taluk Kurinjipadi Cuddalore District.

4.The Taluk Surveyor Kurinjipadi Taluk Kurinjipadi Cuddalore District.

5.The Inspector of Police Nellikuppam Police Station Nellikuppam - 607 105 Cuddalore District.

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N. ANAND VENKATESH., J ds 19.03.2025 6/6