Chinnammal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Chinnammal ... Petitioner Vs.

1.The District Collector, Salem District, Salem.

2.The Revenue Divisional Officer, Salem, Salem District.

3.The Tahsildar, Omalur Taluk Office, Omalur Taluk, Salem District.

4.The Pirka Surveyer, Land Survey Section, Omalur Taluk Office, Omalur Taluk, Salem District.

5.The Inspector of Police, Omalur Police Station, Omalur, Salem District.

6.Gokul 7.Raja Praveen 8.Sundar Rajan ...Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 3rd and 4th respondents to survey the properties, which is properties situated in survey No.60/13E2A to an extent of 6.25 cents Pachanampatti Village, Omalur Taluk, Salem District based on petitioner's representation dated 13.01.2025 with aid of the 5th respondent police within stipulated time may be fixed by this Hon'ble Court.

For Petitioner : Mr.T.M.Ramalingam For Respondents : Mr.R.P.Murugan Raja for R1 to R4 Government Advocate Mr.R.Kishore Kumar for R5 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 respondents 6 to 8 are dispensed with. 2.The present writ petition is filed praying for a Writ of Mandamus to direct the 3rd and 4th respondents to survey the property comprised in S.No.60/13E2A, measuring an extent of 6.25 cents, situated at Pachanampatti Village, Omalur Taluk, Salem District based on the 2/6

petitioner's representation dated 13.01.2025 with the aid of 5th respondent police, within a time frame to be fixed by this Court. 3.It is submitted by the learned counsel for the petitioner that the above mentioned property is owned by the petitioner's husband and petitioner's family continued to reside in the subject property. On 14.12.2021, petitioner's husband sold the said land to the petitioner vide Sale Deed, registered as Document No.10934 of 2021, before the SRO, Sub Registrar Office, Omalur.

4.It is further submitted by the learned counsel for petitioner that the petitioner had submitted representation on 13.01.2025 to survey the petitioner's property and had also paid necessary fees for the same. The Surveyor visited the subject property on 28.05.2025 to conduct survey. However, the respondents 6 to 8 obstructed the conduct of survey of the subject property. Aggrieved by the same, the present writ petition has been filed before this Court. Further, learned counsel for the petitioner would request that adequate police protection may be provided at the time of survey.

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5.Learned Government Advocate for the respondents 1 to 4 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 5th respondent. When this was pointed out, the learned Government Advocate, (Criminal Side) appearing for 5th respondent 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 3rd and 4th respondents to survey the subject property, after putting the petitioner, respondents 6 to 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 3rd and 4th respondents to request for police protection before the 5th respondent. If any such request is made, the 5th respondent is 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 4/6

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

17.06.2025 Index : Yes/ No Speaking / Non Speaking Order pam To 1.The District Collector, Salem District, Salem.

2.The Revenue Divisional Officer, Salem, Salem District.

3.The Tahsildar, Omalur Taluk Office, Omalur Taluk, Salem District.

4.The Pirka Surveyer, Land Survey Section, Omalur Taluk Office, Omalur Taluk, Salem District.

5.The Inspector of Police, Omalur Police Station, Omalur, Salem District.

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MOHAMMED SHAFFIQ, J.

pam 17.06.2025 6/6