M. Muniyappan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-06-2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ WP NO. 20224 of 2025 and WMP.No.22803 of 2025 Muniyappan ... Petitioner Vs 1.The District Collector, Salem District, Salem.
2.The Superintendent of Police, District Police Office, Nethimedu, No.150, Sankari Main Road, Salem - 636 002.
3.The Revenue Divisional Officer, Mettur Revenue Division, Salem - 636 401.
4.The Thasildar, Omalur Taluk Office, Omalur, Salem - 636 455.
5.The Taluk Head Surveyor, Omalur Taluk Office, Omalur, Salem - 636 455.
6.Marimuthu 7.Chinaponnu 8.Settu .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 2 to 5 to survey and fix field measurement of the boundaries of petitioner's Punja land situate at 72, Karukkalvadi village, Omalur Taluk Salem District, Survey Nos. 144/1B4A2, 146/25 and 147/4 as per patta Nos. 904, 907, 1608 to the extent of 1.88 acres.
For Petitioner(s) : Mr.V.J.Arulraj for Mr.A.Fernandez For Respondent(s) : Mr. A.Selvendran, Spl.G.P for R1 to R5
O R D E R
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 the Respondents 6 to 8 is dispensed with.
2. This Writ Petition has been filed praying for issuance of Writ of Mandamus, directing the respondents 2 to 5 to survey and fix field measurement of the boundaries of petitioner's Punja land situate at 72, Karukkalvadi village, Omalur Taluk Salem District, Survey Nos. 144/1B4A2, 146/25 and 147/4 as per patta Nos. 904, 907, 1608 to the extent of 1.88 acres.
3.The learned counsel for the petitioner submitted that he is the absolute owner of 1.88 acres in Punja Survey Nos.144/1B4A2, 146/25 and 147/4 at Karukkalvadi village, Omalur Taluk Salem District, Survey Nos. 144/1B4A2, 146/25 and 147/4 as per patta Nos. 904, 907, 1608. On 07.03.2025, the petitioner gave a representation to the respondents 1 to 5 for surveying and fixing the boundaries by metes and bounds in respect of above said property. Previously also on 15.05.2024, the petitioner gave representation for the said survey, but the private respondents 6 to 8 herein, with an intention to illegally grab petitioner's property objected to the same and restrained the surveyor from discharging his official duty. Immediately, he had taken out a written complaint on 15.05.2024 to Sub Inspector of
Police Station, Karukkalvadi Police and a CSR No.376 of 2024 was also issued on 19.07.2024. The petitioner had also taken out an online application on 15.05.2024 for surveying the above said land and also paid Rs.2,460/- as surveying charges. The petitioner has also given a letter on 07.03.2025 to 2nd respondent/Superintendent of Police seeking police protection while surveying the lands. However, no action was taken by the respondents till date. Hence, this writ petition.
4. The learned Spl. Govt. Pleader appearing for the respondents 1 to 5 would submit that they would consider the online application dated 15.05.2024 and conduct survey of the petitioner's land property after putting the petitioner, respondents 6 to 8 and adjacent land owners on notice 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.
5. In view thereof, the writ petition stands disposed of with a direction to the respondents 1 ,3 , 4 and 5 to consider the petitioner's online application dated 15.05.2024 and conduct survey on the petitioner's land property and pass appropriate orders after putting the petitioner, respondents
6 to 8, adjacent land owners and any other interested parties/rival claimants if any on notice and complete the above exercise within a period of twelve
(12) weeks from the date of uploading of the web copy without waiting for the receipt of certified copy If for any reason, the 4th respondent is of the view that police protection is required, it is open to the 4th respondent to request for police protection before the 2nd respondent. If any such request is made the 2nd 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 respondents to consider the matter on its own merits and in accordance with law. No costs. Consequently, the connected miscellaneous petition is closed.
12.06.2025 Index:yes/no Internet:yes/no msr To 1.The District Collector, Salem District, Salem.
2.The Superintendent of Police, District Police Office, Nethimedu, No.150, Sankari Main Road, Salem - 636 002.
3.The Revenue Divisional Officer, Mettur Revenue Division, Salem - 636 401.
4.The Thasildar, Omalur Taluk Office, Omalur, Salem - 636 455.
5.The Taluk Head Surveyor, Omalur Taluk Office, Omalur, Salem - 636 455.
MOHAMMED SHAFFIQ, J.
msr WP NO. 20224 of 2025 and WMP.No.22803 of 2025 12-06-2025