K.Gopal v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Gopal ... Petitioner Vs.

1. The Tahsildar, Taluk Office, Vazhapadi, Salem District - 636115.

2. The Inspector of Police, Vazhapadi Police Station, Salem District - 636 106.

3. Venkatachalam

4. Chandran ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents 1 & 2 to survey the land along with the Police protection to the property in Survey Nos.220/1, 220/3, 220/5 and 220/6A situated in Kurichi Village, Vazhapadi Taluk, Salem District by considering the representation dated 05.04.2025 within a time stipulated period of time fixed by this Court.

For Petitioner :

Mr.M.Dinesh For Respondents :

Mr.R.P.Murugan Raja Government Advocate for R1 Mr.R.Kishore Kumar Govt. Advocate (Crl.Side) for R2

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing respondents 1 & 2 to conduct survey pursuant to the representation submitted by petitioner on 05.04.2025.

2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. Since no adverse order is going to be passed, notice to respondents 3 & 4 is dispensed with.

3. The case of the petitioner is that he is the absolute and lawful owner of the land comprised in Survey Nos.220/1, 220/3, 220/5 & 220/6A situated at Kurichi Village, Vazhapadi Taluk, Salem District. It is stated that the subject property was purchased from one Sivagami vide Document No.2043 of 2013. Revenue records are also mutated in the name of petitioner. Under such circumstances, the petitioner submitted an online

application for conducting survey on 14.03.2025 followed by representation dated 05.04.2025 and since there was some resistance from respondents 3 & 4, police protection was sought for. Since the same was not acted upon, the present writ petition has been filed before this Court seeking for appropriate direction.

4. At the outset, it is submitted by Mr.R.P.Murugan Raja, learned Government Advocate appearing for first respondent that they will consider the petitioner's representation and survey the petitioner's land within a period of eight weeks from the date of receipt of a copy of this order, which was agreed to by learned counsel for petitioner.

5. It is further submitted by the learned Government Advocate that in case Police protection is required, first respondent would request second respondent. When this was pointed out, learned Government Advocate (Crl.Side), appearing for second respondent would submit that if any such request is made, adequate police protection will be granted.

6. In view thereof, this Writ Petition stands disposed of with a direction to first respondent to consider petitioner's representation dated 05.04.2025 to carry out survey and pass appropriate orders after putting petitioner, respondents 3 & 4, adjacent land owners and any other rival claimants, if any, on notice within a period of eight weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. It is open to first respondent to request for Police protection before second respondent. If any such request is made, second respondent is directed to provide adequate Police protection for conducting the survey. It is made clear that this Court has not expressed any view with regard to the merits of the case and it is open to first respondent to consider the case on its own merits and in accordance with law. No costs.

24.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The Tahsildar, Taluk Office, Vazhapadi, Salem District - 636115.

2. The Inspector of Police, Vazhapadi Police Station, Salem District - 636 106.

MOHAMMED SHAFFIQ, J.

vji 24.06.2025