A. Babu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ A.Babu : Petitioner Vs.

1.The District Collector, Salem Collectorate, Salem 636 001 2.The Tahsildar, Tahsildar Office, Salem 636401 3.The Principal Survey Officer, Omalur Taluk, Salem 4.The Village Administrative Officer, Omalur Taluk, Salem 5.The Inspector of Police, Tharamangalam Police Station, Omalur Taluk, Salem 6.Mohanraj 7.Perumal : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing respondents 2 and 3 to survey and to fix four boundaries in the property bearing Survey No.432/5E situated at 1/7

Desavilaku village, Salem District as per the petitioner's representation dated 24.02.2025 within a time frame as may be fixed by this Court and further direct the 5th respondent to provide adequate police protection at the time of survey. For Petitioner :

Mr.U.Gowri Shankar For Respondents : Mr.A.Selvendran Special Government Pleader for respondents 1 to 4 Mr.R.Kishore Kumar, Government Advocate (Crl.Side) for respondent No.5

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 respondent Nos.6 and 7 is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus to direct respondents 2 and 3 to survey and to fix four boundaries to the property comprised in Survey No.432/5E situated at Desavilaku Village, Salem District as per the petitioner's representation dated 24.02.2025 within a time frame as may be fixed by this Court and further direct the 5th respondent to provide 2/7

adequate police protection at the time of survey.

3. It is submitted by the learned counsel for the petitioner that he submitted an online application dated 22.02.2025 and a representation dated 24.02.2025 before the first and third respondent seeking to survey and fix boundaries to the subject property and paid necessary fees. `The said application/representation were not considered so far. Aggrieved by the same, the petitioner has filed the present writ petition.

4. On this being pointed out, the learned Special Additional Government Pleader for respondents 1 to 4 would submit that they would consider the petitioner's application dated 22.02.2025 and representation dated 24.02.2025 and carry out survey and fix boundaries to 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 Special Government Pleader that in case police protection is required they would request the fifth respondent. 3/7

When this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar appearing for the fifth 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 2 and 3 shall consider the application/representation dated 22.02.2025 and 24.02.2025 in accordance with law, after issuing notice to the petitioner, respondent No.6 and 7, adjacent land owners and all other interested parties including rival claimants, if any. 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 2 and 3 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 2 and 3, the 5th respondent is directed to provide adequate police protection for conducting the survey.

iv) The entire process shall be completed within a period of eight (8) weeks from the date of uploading of web copy without waiting for the receipt 4/7

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 28.07.2025 Speaking (or) Non Speaking Order mrn To 1.The District Collector, Salem Collectorate, Salem 636 001 2.The Tahsildar, Tahsildar Office, Salem 636401 5/7

3.The Principal Survey Officer, Omalur Taluk, Salem 4.The Village Administrative Officer, Omalur Taluk, Salem 5.The Inspector of Police, Tharamangalam Police Station, Omalur Taluk, Salem 6/7

MOHAMMED SHAFFIQ, J.

(mrn) 28.07.2025 7/7