Kumar v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Kumar Petitioner(s) Vs 1.The Tahsildar, Chengam Taluk, Thiruvannamalai District.

2.The Inspector of Police, Chengam Taluk, Thiruvannamalai District.

3.S.Mallika 4.S.Sathiyan 5.S.Jayakanthan 6.The Inspector of Police, Kadaladi Police Station, Thiruvannamalai District. Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondent to conduct the survey with adequate police protection by demarcating and fixing the boundaries of the petitioner's land in Patta No.496 comprised in Sy. Nos.29/11, 29/7A, 29/7C and 30/1 of Nayampaadi Village, Chengam Taluk, Thiruvannamalai District by considering the petitioner's representations dated 27.01.2023, 28.12.2024.

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For Petitioner(s) : Ms.V.Karthigaipriya (VC) For Respondent(s) : Mr.P.Ganesan Government Advocate (for R1) For R2 and : Mr.R.Kishore Kumar newly impleaded Government Advocate (Crl. Side) respondent 6

ORDER

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, notices to respondents 3 to 5 are dispensed with.

2. The present writ petition is filed praying for a writ of Mandamus directing the respondent to conduct the survey of the land comprised in Survey Nos.29/11, 29/7A, 29/7C and 30/1, situated at Nayampaadi Village, Chengam Taluk, Thiruvannamalai District by considering petitioner's representations dated 27.01.2023, 28.12.2024.

3. It is submitted by the learned counsel for petitioner that he is the absolute owner of the subject property and would submit that patta and other revenue records stands in his name. It is stated that petitioner had taken out an online application for surveying the subject property on 18.01.2023. It is further 2/6

submitted that an attempt was made to conduct survey as there was resistance/ objection by respondents 3 to 5, survey was not conducted though they may not have any right to title over the subject property. It is under these circumstances, petitioner has filed the present writ petition seeking survey of subject property with adequate police protection.

4. At the outset, it was submitted by Mr.P.Ganesan learned Government Advocate for respondent 1, that petitioner's application would be considered and survey would be carried out after issuing notice to the petitioner, respondents 3 to 5 and after hearing their objections. He further submitted that if needed, respondent authority would seek police protection for carrying out survey. Learned counsel for 2nd respondent would submit that the jurisdictional police Station is Kadaladi Police Station.

5. The Inspector of Police, Kadaladi Police Station, Thiruvannamalai District is suo moto impleaded as 6th respondent. Mr.R.Kishore Kumar, learned Government Advocate (Crl.Side) takes notice for 6th respondent.

6. In view thereof, the writ petition stands disposed of with a direction to the appropriate respondent to carry out a survey of the subject property. The 3/6

concerned authority shall seek police protection, if required. If any such protection is sought for, adequate protection would be extended by 6th respondent for carrying out survey. The above exercise shall be completed after giving prior notice to the petitioner, respondents 3 to 5, adjacent land owners and other interested parties including rival claimants, if any. 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.

25.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka Note: Registry is directed to carry out necessary amendments in the cause title To:

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1.The Tahsildar, Chengam Taluk, Thiruvannamalai District.

2.The Inspector of Police, Chengam Taluk, Thiruvannamalai District.

3.The Inspector of Police, Kadaladi Police Station, Thiruvannamalai District. 4.The Inspector of Police, Kadaladi Police Station, Thiruvannamalai District. 5/6

MOHAMMED SHAFFIQ, J.

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