P.K.Selvaraj v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ P.K.Selvaraj ...Petitioner Vs.
1.The District Collector, Collector Office, Cuddalore District.
2.The Thasildar, Tittagudi Taluk Office, Cuddalore District.
3.The Head Surveyor, Tittagudi Taluk, Cuddalore District.
4.The Inspector of Police, Tittagudi Police Station, Cuddalore District.
5.Velmurugan
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to survey the measurement of petitioner property comprised 1/7
in, Survey No.53/12B1, 0.0.91 Ares, and Survey No.53/12B2, .0084 Ares Patta No.1386 and Survey No.53/12B3 .0.3 cent land house property Patta No.1494 at Tittagudi Town, Tittagudi Taluk, Cuddalore District and with 4th respondent police aid for survey of Filed measurement to petitioner above said property in pursuance of petitioner representation dated 31.05.2025.
For Petitioner : Mr.K.Karuppaiyamooppanar For Respondents : Mr.S.Balamurugan for R1 to R3 Government Advocate Mr.R.Kishore Kumar for R4 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 5th respondent is dispensed with. 2.The present writ petition is filed praying for a writ of mandamus to direct the respondents 2 and 3 to survey the measurement of petitioner property comprised in S.No.53/12B1, measuring an extent of 0.0.91 2/7
Ares, S.No.53/12B2, measuring an extent of .0084 Ares bearing Patta No.1386 and S.No.53/12B3, measuring an extent of .0.3 cents bearing Patta No.1494, situated at Tittagudi Town, Tittagudi Taluk, Cuddalore District and with the help of 4th respondent for survey of field measurement to the above mentioned property of petitioner by considering the petitioner's representation dated 31.05.2025. 3.It is submitted by the learned counsel for the petitioner that the above mentioned property was a house property and vacant land, the same was purchased by the petitioner's father viz., Karuppaiya Padayachi vide sale deed dated 28.04.1954, registered as Document No.83/1959 before the Sub Registrar Office, Tittagudi, Cuddalore District. Ever since purchase, petitioner has been in continuous possession and enjoyment of the same.
4.It is further submitted that petitioner submitted an online application dated 29.12.2023 to the respondents to survey and measurement of the land and had paid necessary fees for the same. It is submitted that the Surveyor visited the subject property to conduct survey. However, the 5th respondent obstructed the conduct of survey of the subject property.
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5.It is further submitted that petitioner submitted an online application dated 31.05.2025 to the 2nd respondent for conduct of survey and field measurement. The said application has not been considered by the 2nd respondent till date. Further, learned counsel for the petitioner would request that adequate police protection may be provided at the time of survey.
6.Learned Government Advocate for the respondents 1 to 3 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 4th respondent. When this was pointed out, the learned Government Advocate, (Criminal Side) appearing for 4th 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.
7.In view thereof, the writ petition stands disposed of with a direction to the respondents 2 and 3 to survey the subject property, after putting the petitioner, 5th respondent, adjacent land owners and other 4/7
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 2 and 3 to request for police protection before the 4th respondent. If any such request is made, the 4th 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 consider the matter on its own merits and in accordance with law. No costs.
27.06.2025 Index : Yes/ No Speaking (or) Non Speaking Order pam 5/7
To 1.The District Collector, Collector Office, Cuddalore District.
2.The Thasildar, Tittagudi Taluk Office, Cuddalore District.
3.The Head Surveyor, Tittagudi Taluk, Cuddalore District.
4.The Inspector of Police, Tittagudi Police Station, Cuddalore District.
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MOHAMMED SHAFFIQ, J.
pam 27.06.2025 7/7