Madras High CourtWP/22381/2025disposed of

J.Kumar v. The District Collector

2025-06-24Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ J.Kumar ... Petitioner(s) Vs.

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

2.The District Revenue Officer.

O/o. District Revenue Office, Krishnagiri District.

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

4.The Tahsildar, Denkanikottai Taluk Office, Krishnagiri District.

5.The Head Surveyor, Denkanikottai Taluk Office, Krishnagiri District.

6.The Inspector of Police, Thally Police Station, Krishnagiri District.

7.M. Chinnaswamy 8.M. Subramani

...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 by taking police protection from the 6th respondent pursuant to the petitioner request vide e-challan dated 15.04.2025 vide Petition No.2025/0123/31/009959 in respect of the property at Survey No.346/5, Patta No:7726 with on extent of 1 acre 37 Cents situated at Javalagiri Village, Denkanikottai Taluk, Krishnagiri District. For Petitioner(s) : Mr.T.Elumalai For Respondent(s) : Mr.S.Jayachandran for R1, R2, R4 & R5 Government Advocate Mr.R.Kishore Kumar for R3 & R6 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. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to 7th and 8th respondents are dispensed with. 2.The present writ petition is filed praying for a Writ of Mandamus to direct the respondents 4 to 5 to survey the land in respect of the property bearing Patta No.7726, comprised in S.No.346/5, measuring an extent of 1 acre 37 cents situated at Javalagiri Village, 2/6

Denkanikottai Taluk, Krishnagiri District, with the aid of police protection.

3.It is submitted by the learned counsel for the petitioner that petitioner purchased the above mentioned property vide Sale Deed dated 19.02.2025, registered as Document No.1566/25 before the SubRegistrar, Denkanikottai, Krishnagiri District and ever since, petitioner has been in continuous possession.

4.It is further submitted by the learned counsel for petitioner that petitioner applied for survey vide e-challan No.2025/0123/31/009959 dated 15.04.2025 and had paid necessary fees for the same. Further, learned counsel for the petitioner would request that adequate police protection may be provided at the time of survey. 5.Learned Government Advocate for the respondents 1, 2, 4 and 5 would submit that they would conduct survey of the subject property within a time frame to be fixed by this Court. It is further submitted by the learned Government Advocate that in case police protection is required they would request respondents 3 and 6. When this was pointed 3/6

out, the learned Government Advocate, (Criminal Side) appearing for respondents 3 and 6 would submit that if any such request is made, adequate police protection will be granted, which was agreed to by the learned counsel for the petitioner.

6.In view thereof, the writ petition stands disposed of with a direction to the respondents 4 and 5 to survey the subject property, after putting the petitioner, respondents 7 and 8, 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 respondents 4 and 5 to request for police protection before the respondents 3 and 6. If any such request is made, the respondents 3 and 6 are directed to provide adequate police protection for carrying out 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 respondent to consider the matter on its own merits and in accordance with law. No costs.

24.06.2025 Index : Yes/ No Speaking / Non Speaking Order pam 4/6

To 1.The District Collector, O/o The District Collector, Krishnagiri District.