Arjunan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and WMP No.21544 of 2025 Arjunan : Petitioner Vs.
1.The Collector, Kallakurichi District, Kallakurichi.
2.The Deputy Superintendent of Police, Superintendent Office of Kallakurichi, Kallakurichi.
3.The Tahsildar, Kallakurichi Taluk, Kallakurichi District.
4.The Taluk Surveyor, Kallakurichi Taluk, Kallakurichi District.
5.The Sub Inspector of Police, Land Grabbing Cell, Office of Superintendent Police, Kallakurichi.
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6.N.Palanisamy 7.Akasadurai 8.M.Tamil Mani 9.A.C.Mohamed Arif 10.P.Ramesh 11.S.Manikandan : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus forbearing the respondents 1,3,4 and 5 granting permission in favour of 10th respondent from conducting survey and laying boundaries stones also police protection in petitioner's land situated at Survey No.154/9, Indhili Village, Kallakurichi Taluk, Kallakurichi District on the basis of petitioner representation dated 17.04.2025 and pass orders. For Petitioner :
Mr.Venkatesh S For Respondents : Mr.P.Sathish Additional Government Pleader for R1, R3 and R4 Mr.R.Kishore Kumar Government Advocate (Criminal Side) for R2 and R5 Mr.R.Bharath Kumar for R8 to R11 Not ready in notice R7
ORDER
The present writ petition is filed praying for a writ of mandamus to forbear the respondents 1,3,4 and 5 from granting permission in favour of 10th respondent 2/7
to conduct survey and laying boundaries stones and provide police protection in respect of petitioner's land comprised in Survey No.154/9, situated at Indhili Village, Kallakurichi Taluk, Kallakurichi District on the basis of petitioner's representation dated 17.04.2025.
2. At the outset, it is submitted by the learned Additional Government Pleader for respondents 1, 3 and 4 that it is always open to the petitioner to put forth his objections for conducting survey on the request made by respondents 8 to 11, in respect of the subject property. If any such objections are filed, the same would be considered after issuing notice to the petitioner and respondents 6 to 11 and thereafter, the request for survey if any would be considered and appropriate orders would be passed, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.
3. It is further submitted by the learned Additional Government Pleader that in case police protection is required they would request respondents 2 and 5. When this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar appearing for respondents 2 and 5 would submit that if any such request is made 3/7
adequate police protection will be granted, that of course would be after petitioner's objection to survey is considered.
4. In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions: i) It is open to the petitioner to put forth his objections for conducting survey on the request made by respondents 8 to 11, in respect of the subject property. If any such objections are filed, respondents 1, 3, and 4 shall consider the same, after issuing notice to the petitioner and respondents 6 to 11, adjacent land owners and all other interested parties including rival claimants, if any and thereafter, the request for survey shall be considered and appropriate orders shall be passed.
ii) Though facts have been set out extensively in the affidavit, this court does not propose to deal with it while leaving it open to the respondents 1,3 and 4 to call for any document/conduct enquiry to satisfy itself of the merits in petitioner's objection to survey at the request of respondents 8 to 11. iii) 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 4/7
matter on its own merits and in accordance with law. Rights and contentions of the petitioner and all other interested parties are left open.
5. Accordingly, the writ petition stands disposed of. There will be no order as to costs. Consequently, connected miscellaneous petition is closed. 07.08.2025 Speaking (or) Non Speaking Order mrn 5/7
To 1.The Collector, Kallakurichi District, Kallakurichi.
2.The Deputy Superintendent of Police, Superintendent Office of Kallakurichi, Kallakurichi.
3.The Tahsildar, Kallakurichi Taluk, Kallakurichi District.
4.The Taluk Surveyor, Kallakurichi Taluk, Kallakurichi District.
5.The Sub Inspector of Police, Land Grabbing Cell, Office of Superintendent Police, Kallakurichi.
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MOHAMMED SHAFFIQ, J.
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