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Madras High CourtWP/24616/2025disposed of

T.Suresh Kumar v. The Collector

2025-07-09Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ T.Suresh Kumar, S/o.Thangamuthu Goundar ... Petitioner Vs.

1.The Collector, Erode District, 2.The Tahsildar, The Tahsildar Office, Perundurai, Erode - 638 011.

3.The Revenue Divisional Officer, Erode District, The Collector Office, 4.The Surveyor, The Tahsildar Office, Perundurai, Erode - 638 011.

5.The Inspector of Police, Thingalur Police Station, Thingalur, Perunthurai Taluk, Erode.

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6.The Superintendent of Police, Superintendent of Police Office, Marapalam, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the respondents 1 to 4 to consider the petitioner's representation dated 11.04.2025 and direct the respondents 1 to 4 to survey the petitioner's land in Survey No.175, Singanallur Village, Perundhurai Taluk, Erode District.

For Petitioner : Mr.S.Ranjith Kumar For Respondents :

For R1 to R4 : Mr.A.Selvendran Special Government Pleader For R5 and R6 : Mr.R.Kishore Kumar Government Advocate (Criminal Side)

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 1st to 4th respondents to consider the petitioner's representation dated 11.04.2025 and to survey the petitioner's land in Survey No.175, Singanallur Village, Perundhurai Taluk, Erode District.

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3. It is submitted by the learned counsel for the petitioner that the petitioner is the absolute owner of the property comprised in Survey No.175, Singanallur Village, Perundhurai Taluk, Erode District and he has been in enjoyment of the same. The above subject property was purchased by the petitioner vide a Sale Deed dated 27.05.2024, registered as Doc.No.1327 of 2024. Patta also stands in the name of the petitioner in respect of the subject property. It is in these circumstances, the petitioner filed an online application viz., Application No.2025/0123/10/003452 dated 23.01.2025 seeking to survey the subject property. When the revenue officials viz., the Revenue Inspector and the Village Administrative Officer tried to survey the subject property, they were resisted by the persons having no right over the subject property. Thereafter, petitioner made repeated representations to the official respondents, of which, the last one is dated 11.04.2025, despite repeated representations, no action has been taken thus far. Hence, this writ petition.

4. On this being pointed out, the learned Special Government Pleader for the 1st to 4th respondents would submit that they would consider the petitioner's 3/6

representation dated 11.04.2025 and carry out a survey 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 5th and 6th respondents. When this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar appearing for the 5th and 6th respondents would submit that if any such request is made, adequate police protection will be granted.

6. In view thereof, this writ petition stands disposed of with a direction to the 1st to 4th respondents to consider the petitioner's representation dated 11.04.2025 and carry out a survey and complete the process within a period of eight (8) weeks from the date of receipt of a copy of this order after giving prior notice to the petitioner, adjacent land owners and other interested parties including rival claimants if any. It is open to the 1st to 4th respondents to request for police protection before the 5th and 6th respondents. If any such request is made, the 5th and 6th respondents are directed to provide adequate police protection for conducting the survey. It is made clear that this Court has not expressed any views 4/6

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. 09.07.2025 Speaking (or) Non Speaking Order arb To 1.The Collector, Erode District, 2.The Tahsildar, The Tahsildar Office, Perundurai, Erode - 638 011.

3.The Revenue Divisional Officer, Erode District, The Collector Office, Erode - 638 011.

4.The Surveyor, The Tahsildar Office, Perundurai, Erode - 638 011.

5.The Inspector of Police, Thingalur Police Station, Thingalur, Perunthurai Taluk, Erode.

6.The Superintendent of Police, Superintendent of Police Office, Marapalam, Erode - 638 011.

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MOHAMMED SHAFFIQ, J.

arb 09.07.2025 6/6