S.Karunakran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 30.06.2025 Coram:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Karunakaran
...Petitioner
Versus
1.The District Collector, Tiruvannamalai.
2.The Assistant Director of Survey, Survey Department, Collectorate, Vengikkal, Tiruvannamalai.
3.The Tahsildar, Tiruvannamalai.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to inspect, measure and survey the lands and to fix boundaries in respect of lands comprised in S.No.1291/37 and 1291/38 situated at Marudhadu Village, Vandhavasi Taluk, Tiruvannamalai District by considering the petitioner representation dated 05.06.2025.
For Petitioner :
Mr.B.Vijay For Respondents :
Mr.R.P.Murugan Raja, Government Advocate and Mr.R.Kishore Kumar, Government Advocate (Crl.Side) 1/7
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 has been filed for issuance of a writ of mandamus to direct the respondents to inspect, measure and survey the lands comprised in S.No.1291/37 and 1291/38 situated at Marudhadu Village, Vandhavasi Taluk, Tiruvannamalai District and to fix boundaries in the said lands by considering the petitioner's representation dated 05.06.2025.
3. Mr.B.Vijay, learned counsel for the petitioner submitted that the petitioner is the absolute owner of the lands comprised in S.No.1291/37 measuring to an extent of 2.9 cents and S.No.1291/38 measuring an extent of 2.9 cents situated at Marudhadu Village, Vandhavasi Taluk, Tiruvannamalai District by virtue of registered Settlement Deeds dated 03.06.2022 & 20.05.2022. The said Settlement Deeds were registered as Document Nos.762 of 2022 & 681 of 2022 on the file of the office of Sub Registrar, Kilkodungalore.
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3.1. It is further submitted that Patta for the subject property were issued in favour of the petitioner and hence, the petitioner filed an online application dated 05.02.2025 in Application No.2025/N123/06/010635 and paid all necessary charges, to survey and earmark the boundaries in the subject property.
3.2. It is submitted by the learned counsel for the petitioner that after the receipt of petitioner's online application, the 2nd respondent visited the subject property on 08.04.2025 for the purpose of surveying and earmarking the boundaries in the subject property. While so, one Mr.Lingesan who is stated to be the adjacent land owner has resisted the 2nd respondent and surveying officials from conducting survey in the subject property. 3.3. It is also submitted that aggrieved over the act of said Lingesan, the petitioner made a representation to the respondents on 05.06.2025, requesting to take appropriate action against the said Lingesan for causing interference to the Survey Officials with the aid of rowdy elements and to provide police protection for surveying the subject property. However, the 3/7
respondents have not considered the petitioner's representation. Hence, this writ petition.
4. Mr.R.P.Murugan Raja, learned Government Advocate for the respondents submitted that the respondents would consider the petitioner's representation and inspect, measure, carry out a survey and place boundary stones in the subject property, within a time frame fixed by this Court, which was agreed to by the learned counsel for the petitioner. He further submitted that in case, police protection is required for surveying the subject property, the respondents may be permitted to request the jurisdictional Police Inspector.
5. When the learned Government Advocate made the above submission, Mr.R.Kishore Kumar, learned Government Advocate (Criminal Side) submitted that if any request for police protection is made, adequate police protection would be granted.
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6. In view thereof, this writ petition stands disposed of with the direction to the respondents to consider the petitioner's representation dated 05.06.2025 and inspect, measure, carry out a survey and place boundary stones in the subject property and complete the process, after putting the petitioner, Lingesan, other adjacent land owners and any other interested parties on notice, within a period of eight (8) weeks from the date of uploading of the web copy of this order without waiting for the receipt of a certified copy of this order. 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 respondents to consider the matter on its own merits and in accordance with law.
It is also open to the respondents to request for police protection before the jurisdictional Police Inspector. If any such request is made, the jurisdictional Police Inspector shall provide adequate police protection for conducting survey in the subject property. No costs. 30.06.
To 1.The District Collector, Tiruvannamalai.
2.The Assistant Director of Survey, Survey Department, Collectorate, Vengikkal, Tiruvannamalai.
3.The Tahsildar, Tiruvannamalai.
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MOHAMMED SHAFFIQ, J.
mrr 30.06.2025 7/7