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Madras High CourtWMP/12962/2025allowed

Malarkodi v. The District Collector

2025-04-17Honourable Mr Justice N. Anand Venkatesh10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2025

CORAM

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P.No.9726 of 2025 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 3 / 10

fifth respondent is directed to provide police protection, if required. This entire process shall be completed 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 / 10

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 W.P.No.9726 of 2025 19.03.2025 6 / 10

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2025 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH WMP No.12962 of 2025 in WP.No.9726 of 2025 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, Kurinjipad Taluk Kurinjipadi, Cuddalore District.

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

6.M.Vignesh 7.M.Anjugam

...Respondents

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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. WMP.No.12962 of 2025 seeking to amend cause title of the Respondents 3 and 4 as The Tashildar, Cuddalore Taluk Cuddalore, Cuddalore District and The Taluk Surveyor Cuddalore Taluk Cuddalore Cuddalore District instead of The Tashildar Kurinjipadi Taluk Kurinjipadi Cuddalore District and The Taluk Surveyor Kurinjipadi Taluk Kurinjipadi Cuddalore District in W.P. No. 9726 of 2025 which has been disposed of by this Hon`ble Court vide order dated 19.03.2025.

For Petitioner :

Mr.M.R.Jothimanian For Respondents :

Mr.P.Sathish, AGP for R1 to R4 Mr.V.J.Priyadarsana (Crl.Side) for R5 8 / 10

ORDER

This amendment petition is ordered.

17.4.2025 kp Office to Note :

1.carry out necessary amendment & issue fresh order copies in the main WP 2.Issue on 21.4.2025.

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.

6.M.Vignesh 9 / 10

7.M.Anjugam N. ANAND VENKATESH., J kp WMP No.12962 of 2025 in WP.No.9726 of 2025 17.04.2025 10 / 10