M.Sathya v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ M.Sathya ... Petitioner(s) Vs.

1. The District Collector O/o The District Collector, Dharmapuri District

2. The District Revenue Officer O/o The District Revenue Office, Dharmapuri District

3. The Superintendent of Police O/o The Superintendent of Police, Dharmapuri District

4. The Tahsildar Karimangalam Taluk Office, Dharmapuri District

5. The Head Surveyor, Karimangalam Taluk Office, Dharmapuri District

6. The Inspector Of Police Kambainallur Police Station, ... Respondent(s) 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents 4 to 5 to survey the land with aid police protection from the 2nd respondent pursuant to the petitioner's request vide e-challan dated 22.04.2025 vide Petition No.2025 / 0123 / 05/010615 in respect of the property at Survey No.97/2B, 97/5A, with extent of 1 acre 23 1⁄2 Cents situated at Irumathur Village, Karimangalam Taluk, For Petitioner(s) : Mr.G.Raja for T.Elumalai For R1, R2, R4 and R5 : Mr.Selvendran Special Government Pleader For R3 and R6 : Mr.R.Kishore Kumar Government Advocate (Crl. Side)

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. The present writ petition is filed praying for a writ of mandamus, to direct the Respondent Nos.4 and 5 to survey the subject land comprised in Survey No.97/2B, 97/5A, measuring 1 acre 23 1⁄2 Cents situated at Irumathur 2/6

Village, Karimangalam Taluk, Dharmapuri District, with police protection.

3. It is submitted by the learned counsel for the petitioner that the petitioner's father was in continuous possession and enjoyment of the subject property comprised in Survey No.97/2B, 97/5A, with extent of 1 acre 23 1⁄2 Cents situated at Irumathur Village, Karimangalam Taluk, Dharmapuri District. Thereafter, petitioner's father executed settlement deed in favour of the petitioner and petitioner's brother vide Document No.624/2025 dated 25.03.2025 on the file of the Sub-Registrar, Barur, Dharmapuri District. 3.1. It is submitted by the learned counsel for the petitioner that adjacent land owners encroached the petitioner's property and threatened the petitioner. Thereafter, the petitioner submitted an application before the 4th respondent to survey the petitioner's property and paid necessary fees on 22.04.2025.

However, 4th respondent has not taken any steps to survey the petitioner's property till date. Aggrieved by the same the present writ petition has been filed before this Court. Further, the learned counsel for the petitioner would request that adequate police protection may be provided at the time of survey.

4. The learned Special Government Pleader, Mr.A.Selvendran appearing for the Respondent Nos.1, 2, 4 and 5 would submit that they would conduct 3/6

survey of the subject property within a time frame to be fixed by this Court. The request for police protection would also be considered and appropriate orders would be passed by the 4th and 5th respondents, which was agreed to by the learned counsel for the petitioner.

5. It is further submitted by the learned Special Government Pleader that in case police protection is required they would request the 3rd and 6th respondents. When this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar appearing for the Respondent Nos. 3 and 6 would submit that if any such request is made, adequate police protection will be granted.

6. In view thereof, the writ petition stands disposed of with a direction to the 4th and 5th respondent to conduct survey of the subject property, after putting the petitioner, adjacent land owners and other interested parties including rival claimants if any on notice, within a period of 8 weeks from the date of receipt of a copy of this order. It is open to the 4th and 5th respondent to request for police protection before the 3rd and 6th respondent. If any such request is made the 3rd and 6th respondent are 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 4/6

respondent to consider the matter on its own merits and in accordance with law. No costs.

12.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp To:

1. The District Collector, O/o. The District Collector, Dharmapuri District

2. The District Revenue Officer, O/o. The District Revenue Office, Dharmapuri District

3. The Superintendent of Police, O/o. The Superintendent of Police, Dharmapuri District

4. The Tahsildar, Karimangalam Taluk Office, Dharmapuri District

5. The Head Surveyor, Karimangalam Taluk Office, Dharmapuri District

6. The Inspector Of Police, Kambainallur Police Station, 5/6

MOHAMMED SHAFFIQ, J.

spp W.P.No.19981 of 2025 12.06.2025 6/6