Palanisamy, v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Palanisamy : Petitioner Vs.
1.The Tahsildar Harur Taluk, Dharmapuri District.
2.The Taluk Surveyor, Harur, Dharmapuri District.
3.The Inspector of Police, Harur Police Station, Dharmapuri District.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the respondents to measure the land and fix the boundaries in Survey Nos.53/1A and 54/1C, situated at A.Velampatti Village, Harur Taluk, Dharmapuri District with the assistance of the third respondent, within a time framed fixed by this Court and pass orders. 1/6
For Petitioner : Mr.J.Pradeep For Respondents : Mr.S.Balamurugan Government Advocate for R1 and R2 Mr.R.Kishore Kumar Government Advocate (Criminal side) for R3
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 respondents to measure the land comprised in Survey Nos.53/1A and 54/1C, measuring an extent of 0.5.50 and 1.6.50 hectares situated at A.Velampatti Village, Harur Taluk, Dharmapuri District and fix boundaries with the assistance of the third respondent, within a time frame to be fixed by this Court
3. It is the case of the petitioner that he submitted an application dated 14.03.2025 before the respondents seeking to measure and fix boundaries in the subject property and paid necessary fees. The said application was not considered 2/6
so far. Aggrieved by the same, the petitioner has filed the present writ petition.
4. On this being pointed out, the learned Government Advocate for respondents 1 and 2 would submit that they would consider petitioner's application dated 14.03.2025 and carry out measurement and fix boundaries in the subject property and complete the process within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.
5. It is further submitted by the learned Government Advocate that in case police protection is required they would request the 3rd respondent. When this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar appearing for the 3rd respondent would submit that if any such request is made adequate police protection will be granted.
6. In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions: i) The respondents shall consider the application/representation dated 14.03.2025 in accordance with law, after issuing notice to the petitioner, adjacent land owner and all other interested parties including rival claimants, if any. 3/6
ii) Though facts have been set out extensively in the affidavit, this court does not propose to deal with it while leaving it open to the respondents to call for any document/conduct enquiry to satisfy itself of the petitioner's entitlement for requesting survey of subject property.
iii) If any such request is made by the respondents 1 and 2, the third respondent is directed to provide adequate police protection for conducting the survey.
iv) The entire process shall be completed within a period of eight weeks from the date of uploading of web copy without waiting for the receipt of certified copy.
v) 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. Rights and contentions of the petitioner and all other interested parties are left open.
7. Accordingly, the writ petition stands disposed of. There will be no order as to costs.
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11.07.2025 Speaking (or) Non Speaking Order mrn To 1.The Tahsildar Harur Taluk, Dharmapuri District.
2.The Taluk Surveyor, Harur, Dharmapuri District.
3.The Inspector of Police, Harur Police Station, Dharmapuri District.
MOHAMMED SHAFFIQ, J.
(mrn) 5/6
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