K.Chinnusamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.21337 of 2025 K.Chinnusamy ... Petitioner(s) Vs.
1. The District Collector, Namakkal District, Namakkal.
2. The District Revenue Officer, Namakkal Disrict, Namakkal.
3. The Revenue Divisional Officer, Thiruchengodu Division, Namakkal District.
4. The Tahsildar, Rasipuram Taluk, Rasipuram, Namakkal District.
5. The Taluk Surveyor, Rasipuram Taluk, Namakkal District.
6. The Revenue Inspector, Vennanthur Firka, Rasipuram Taluk, Namakkal District.
7. The Village Administrative Officer, 1/7
Mattuvelampatti Village, Rasipuram Taluk, Namakkal District.
8. The Inspector of Police, Vennathur Police Station, Namakkal District.
... Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 4 to 6 to survey the petitioner land in the Survey Nos.47/1 and 47/3B, Patta No.12 Mattuvelampatti Village, Rasipuram Taluk, Namakkal District, and fix the boundaries, with cost of the petitioner as per the petitioner obtained the registered release deed in Doc No. 1813/1986.
For Petitioner(s) : Mr.K.Karthikeyan For R1 to R7 : Mr.P.Sathish Additional Government Pleader For R8 : 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 2/7
direct respondent nos.4 to 6 to survey the petitioner's land in Survey Nos.47/1 and 47/3B, situated at Mattuvelampatti Village, Rasipuram Taluk, Namakkal District and fix boundaries as per the registered Release Deed in Doc No. 1813/1986.
3. The petitioner would submit that he is the lawful owner of the land comprised in Survey No.47/1 and Survey No.47/3B, admeasuring 3.04 Acres, with Patta No.12, situated at Mattuvelampatti Village, Rasipuram Taluk, Namakkal District. The learned counsel for the petitioner would submit that he acquired title pursuant to a Release Deed dated 20.08.1986 executed by petitioner's father and brother vide Document No.1813 of 1986 on the file of Sub Registrar, Rasipuram.
3.1. It is submitted by the learned counsel for the petitioner that the petitioner submitted a representation to the respondents on 17.04.2025, seeking to survey and fix the boundaries of the subject property and had paid necessary fees. However, the petitioner's representation was not considered by the respondents 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 Additional Government Pleader, appearing for the 3/7
Respondent Nos.1 to 7 would submit that they would consider the petitioner's representation dated 17.04.2025 and conduct survey and fix boundary 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, which was agreed to by the learned counsel for the petitioner.
5. It is further submitted by the learned Additional Government Pleader that in case police protection is required they would request the 8th respondent. When this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar appearing for the 8th respondent 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 respondent nos.4 to 6 to consider the petitioner's representation and conduct survey and fix the boundary 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 respondent nos.4 to 6 to request for police protection before the 8th respondent. If any such request is made the 8th respondent is directed to provide adequate police protection for conducting the survey. It is 4/7
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. 17.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp 5/7
To:
1. The District Collector, Namakkal District, Namakkal.
2. The District Revenue Officer, Namakkal Disrict, Namakkal.
3. The Revenue Divisional Officer, Thiruchengodu Division, Namakkal District.
4. The Tahsildar, Rasipuram Taluk, Rasipuram, Namakkal District.
5. The Taluk Surveyor, Rasipuram Taluk, Namakkal District.
6. The Revenue Inspector, Vennanthur Firka, Rasipuram Taluk, Namakkal District.
7. The Village Administrative Officer, Mattuvelampatti Village, Rasipuram Taluk, Namakkal District.
8. The Inspector of Police, Vennathur Police Station, Namakkal District.
6/7
MOHAMMED SHAFFIQ, J.
spp W.P. No.21337 of 2025 17.06.2025 7/7