Madras High CourtWP/17639/2025disposed of

Appadurai v. The District Collector

2025-06-04Honourable Mr Justice Mohammed Shaffiq8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Appadurai ... Petitioner Vs.

1. The District Collector, District Collectorate, Kallakurichi District.

2. The District Revenue Officer, District Revenue Office, Kallakurichi District.

3. The Tahsildar, Taluk Office, Chinnaselam Taluk, Kallakurichi District.

4. The Revenue Divisional Officer (Surveyor), Taluk Office, Chinnaselam Taluk, Kallakurichi District.

5. The Village Administrative Officer, Eriyur Village, Chinnasalem Taluk, Kallakurichi District.

6. The Sub Inspector of Police, Keezhkuppam Police Station, Chinnaselam Taluk, Kallakurichi District.

7. Tamizharasan ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the third respondent to consider the representation made by the petitioner dated 04.04.2025 for rectifying the revenue records as per the proceedings of the second respondent bearing Reference No.MM A4/2996/2017 dated 30.07.2021 by surveying the lands with the assistance of the sixth respondent in the event of obstruction by the seventh respondent.

For Petitioner :

Mr.A.K.Rajaraman For Respondent :

Mr.A.Selvendran Spl. Govt. Pleader for R1 to R5 Mr.P.Kishore Kumar Govt. Advocate (Crl.Side) for R6

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the third respondent to act upon the representation submitted by the petitioner on 04.04.2025 requesting for rectification in the revenue records by surveying the lands with police protection.

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 seventh respondent is dispensed with.

3. The case of the petitioner is that the petitioner's father purchased the land in Survey Nos.268/17B and 268/20 through registered sale deed between 1975 and 1985. The said lands were reclassified under UDR as Survey Nos.410/3 and 410/7. When the petitioner attempted to survey the above lands, seventh respondent has obstructed the process and hence, he made a representation to the respondents on 04.04.2025. Since the same has not been considered, the present writ petition has been filed.

4. It is submitted by learned counsel for petitioner that since petitioner's father name and seventh respondent's father name are one and the same, certain error has occurred in the patta, which according to the petitioner now is to be rectified. The seventh respondent has been arrayed as a party according to the petitioner only by way of abundant caution, although none of his rights would be affected nor any relief is sought for against the seventh respondent.

5. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader for respondents 1 to 5 that they will consider the petitioner's representation and measure the petitioner's land and survey the same within a period of twelve weeks from the date of receipt of a copy of this order, which was agreed to by the learned counsel for petitioner.

6. It is further submitted by the learned Special Government Pleader that in case Police protection is required, the third respondent would

request sixth respondent. When this was pointed out, the learned Government Advocate, appearing for sixth respondent would submit that if any such request is made, adequate police protection will be granted.

7. In view thereof, this Writ Petition stands disposed of with a direction to the third respondent to consider the petitioner's representation dated 04.04.2025 and carry out survey, measure the subject property and complete the process within a period of twelve weeks from the date of receipt of a copy of this order after affording an opportunity of hearing to the petitioner, seventh respondent, adjacent land owners including rival claimants if any and also putting all interested parties on notice and if the seventh respondent has any objection, a copy of the same shall be furnished to the petitioner and any other interested parties. It is open to the third respondent to request for police protection before the sixth respondent. If any such request is made, sixth respondent is directed to provide adequate police protection for conducting the survey. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is

open to the third respondent to consider the matter on its own merits and in accordance with law.

04.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji