K.Damodaran v. The Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Damodaran ... Petitioner Vs.
1.The Collector, O/o Collectorate, Ranipet, Ranipet District.
2.The Revenue Divisional officer, Arakkonam, Ranipet District.
3.The Tahsildar, Arakkonam, Ranipet District.
4.The Taluk Surveyor, O/o. The Tahsildar, Arakkonam, Ranipet District.
5.Mani 6.Sivasudhakar 7.Deputy Superintendent of Police, Ranipet District.
...Respondents
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R7 suo motu impleaded vide order dated 16.06.2025 by MSQJ PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents herein to survey and measure the property of the petitioner in respect of Survey No.186/4 Arumbakkam Village, Arakkonam Taluk, Ranipet District within the Sub Registration District of Arakkonam and registration District, North Arcot and lay the boundary stone on four sides with the help of police protection. For Petitioner(s) : Mr.K.Jayaraman For Respondent(s) : Mr.A.Selvendran Special Government Pleader for R1 to R4 Mr.R.Kishore Kumar Government Advocate for impleaded respondent No.7
ORDER
This Court suo motu impleads the Deputy Superintendent of Police, Ranipet District as respondent No.7 in this writ petition.
2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to respondent Nos.5 and 6 is dispensed with. 2/7
3. The present writ petition is filed praying for a writ of mandamus to direct the official respondents to survey and measure the property of the petitioner comprised in Survey No.186/4 situated at Arumbakkam Village, Arakkonam Taluk, Ranipet District within the Sub Registration District of Arakkonam and registration District, North Arcot and lay the boundary stone on four sides with the help of police protection.
4. It is submitted by the learned counsel for the petitioner that the petitioner's father purchased the lands comprised in Survey Nos.188/6, 188/2, 188/12, 186/1, 186/2, 186/4, 186/5, 193/1, 193/2, 193/6 and 199/7 situated at Arumbakkam Village, Arakkonam Taluk, Ranipet District vide sale deed dated 20.07.1946 with document No.2602 of 1946 in the office of Sub Registrar, Arakkonam. After the demise of petitioner's father, petitioner inherited the said lands and patta was also issued to the petitioner in respect of the said lands in Patta No.133. Thereafter, the petitioner submitted an application dated 15.10.2019 before the fourth respondent to conduct survey in respect of the above mentioned lands. However, the said application was not considered. Hence the petitioner filed a writ petition in W.P.No.23333 of 2022 praying for a writ of mandamus to direct the respondent Nos.3 and 4 herein to consider his application dated 15.10.2019. This Court by order dated 05.09.2022 directed the 3/7
respondent Nos.3 and 4 herein to consider the said application and dispose of the same within 12 weeks. Pursuant to the said direction, all the above survey numbers have been surveyed except Survey No.186/4. Subsequently, when the surveyor attempted to conduct survey in Survey No.186/4, there was stiff resistance by respondent 5 and 6. Hence, the petitioner has filed the present writ petition.
5. The learned Special Government Pleader, Mr.A.Selvendran appearing for Respondent No.1 to 4 would submit that they would carry out survey, measure and lay boundary stone on four sides in the subject property and pass appropriate orders within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.
6. It is further submitted by the learned Special Government Pleader that in case police protection is required they would request the impleaded respondent viz. 7th respondent. When this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar appearing for the impleaded 7th respondent would submit that if any such request is made adequate police protection will be granted.
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7. In view thereof, the writ petition stands disposed of with a direction to respondents to carry out survey, measure and lay boundary stone on four sides in the subject property i.e. Survey No.186/4, Arumbakkam Village, Arakkonam Taluk, Ranipet District and pass appropriate orders after putting the petitioner, respondents 5 and 6, adjacent land owners and any other interested parties/rival claimants if any on notice, within a period of 4 weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. It is open to the respondent Nos.1 to 4 to request for police protection before the 7th respondent. If any such request is made the 7th 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 concerned respondent to consider the matter on its own merits and in accordance with law. No costs.
16.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn Note: Registry is directed to make necessary amendment in the cause title.
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To:
1.The Collector, O/o Collectorate, Ranipet, Ranipet District.
2.The Revenue Divisional officer, Arakkonam, Ranipet District.
3.The Tahsildar, Arakkonam, Ranipet District.
4.The Taluk Surveyor, O/o. The Tahsildar, Arakkonam, Ranipet District.
5.Deputy Superintendent of Police, Ranipet District.
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MOHAMMED SHAFFIQ, J.
mrn 16.06.2025 7/7