Elavarasan v. The District Collector

1/6

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH and WMP No. 14388 of 2025 Elavarasan Petitioner(s) Vs

1. The District Collector Dharamapuri District, Dharmapuri.

2.The Tahsildar Kaarimangalam Taluk, Dharamapuri District.

3.The Deputy Superintendent Of Police Harur, Dharamapuri District.

4.The Inspector Of Police Kambainallur Police Station, Dharamapuri District.

5.V.Maadhan 6.Govindaraj

2/6 Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the 2nd respondent from conducting the survey in respect of land in survey No.304/14, measuring to an extent on 0.60.5 hectares of land bearing patta No.1497, situate at Irumathur village, Kaarimangalam Taluk, Dharmapuri District, based on the Communication of the 2nd respondent dated 17.02.2025 in Na.Ka. No.2265/ 2024/R1, for taking over the possession of the property from the petitioner. For Petitioner(s):

Mr.C.Prabakaran For Respondent(s):

Mr.P.Sathish Additional Government Pleader for R1 to R3 Mr.V.J.Priyadarsana Government Advocate for R4

ORDER

This writ petition has been filed for issue of writ of mandamus forbearing the 2 nd respondent from conducting any survey in the subject property based on the objections made by the petitioner.

3/6 2.When the matter came up for hearing on 21.04.2025, this Court directed the learned Additional Government Pleader to take instructions. Accordingly, the matter was listed for hearing today.

3.When the matter was taken up for hearing today, the learned Additional Government Pleader on instructions submitted that the survey has already been conducted and the boundary stones have been laid. The relevant report was also placed before this Court.

4.In the light of the above development, no further orders can be passed in this writ petition. It is made clear that mere conducting a survey in the subject property will not take away the right of the petitioner in the subject property. Therefore, it is always left open to the petitioner to approach the competent Civil Court and seek for the appropriate relief. In view of the fact that the survey has been completed, the revenue authorities or the police

4/6 authorities need not interfere with the dispute and let the parties agitate their dispute before the competent Civil Court.

5.This writ petition is disposed of in the above terms. No Costs. Consequently, connected miscellaneous petition is closed. 22-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To 1.The District Collector Dharamapuri District, Dharmapuri.

2.The Tahsildar Kaarimangalam Taluk, Dharamapuri District.

3.The Deputy Superintendent Of Police Harur, Dharamapuri District.

4.The Inspector Of Police Kambainallur Police Station, Dharamapuri District.

6/6 N.ANAND VENKATESH J.

ssr 22-04-2025