Madras High CourtWP/19502/2025disposed of

G.John Michael v. The District Collector

2025-05-29Honourable Mrs Justice T.V.Thamilselvi5 pages

IN THE HIG H COURT OF JUDICATURE AT MADRAS

DATED : 29.05.2025

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI W.P.No.19502 of 2025 G.John Michael .. Petitioner

Versus

1. The District Collector, Dharmapuri District, Dharmapuri.

2. The Superintendent of Police, Dharmapuri District, Dharmapuri.

3. The Tahsildar, Palacode Taluk, Palacode, Dharmapuri 636 808.

4. The Assistant Director, Survey and Land Records, Dharmapuri District.

5. The Surveyor, Palacode Taluk, Palacode, Dharmapuri - 636 808.

6. The Inspector of Police, Palacode Police Station, Palacode, Dharmapuri - 636 808.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 3 to 5 to survey measure and demarcate the petitioner's property at Survey Nos.191, 192, 202, 205, 206, 207 and 211, Karagadahalli Village, Palacode Taluk, Dharmapuri District with 1/5

police protection as per petitioner's representation dated 28.04.2025 within a stipulated time.

For Petitioner : Mr.C.Umashankar For Respondents : Mr.S.J.Mohamed Sathik, Government Advocte - R1, R3, R4 & R5 Mr.R.Kishorekumar, Govt. Advocate [Crl. Side] - R2 & R6

ORDER

This Writ Petition has been filed to direct the respondents 3 to 5 to survey measure and demarcate the petitioner's property at Survey Nos.191, 192, 202, 205, 206, 207 and 211, Karagadahalli Village, Palacode Taluk, Dharmapuri District with police protection as per petitioner's representation dated 28.04.2025 within a stipulated time.

2. The case of the petitioner is that the subject lands are part of his family properties and the lands in Survey Nos.191, 192, 202 & 207 Karagadahalli Village, Dharmapuri was allotted to the petitioner by virtue of a family partition deed dated 29.11.2007 and lands in survey Nos.205, 206 and 211 were bequeathed to him by virtue of a Will dated 30.08.1995 executed by his paternal grandmother Mrs.Pappammal. It is his further case as he propose to fence his 2/5

lands and his neighbouring land owners are objecting for the same, he had given online application on 28.04.2025 to survey his lands by paying requisite fees. Despite the same, no action has been taken by the respondents to survey his lands. Hence, the present Writ Petition.

3. The learned Government Advocate appearing for the respondents would submit that as the third parties have raised objections, survey could not be done.

6. In view of the limited prayer sought for in the Writ Petition without going into the merits of the case, respondents 3 to 5 are directed to consider the representation of the petitioner dated 28.04.2025 and survey the lands with revenue records and demarcate the properties of the petitioner and by giving due opportunity to all the parties concerned within a period of six weeks from the date of receipt of a copy of this Order.

7. With the above directions, this Writ Petition is disposed of. No costs.

29.05.2025 vrc Index :Yes/No 3/5

Internet :Yes/No To,