N.Krishnan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Krishnan Petitioner(s) Vs 1.The District Collector, Dharmapuri District, Dharmapuri.
2.The Assistant Director, Survey Department, District Collectorate Office, Dharmapuri 636 705.
3.The Superintendent of Police, Dharmapuri District-636 705.
4.The Tahsildar, Dharmapuri Taluk, Dharmapuri District-636 701.
5.The Village Administrative Officer, K.Naduthalli Village, Dharmapuri Taluk and District.
6.The Inspector of Police, B-1 Town Police Station, Dharmapuri District-636 701.
7.Ganesah Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, 1/6
praying to issue a Writ of Mandamus directing the Respondents 1, 2 and 4, 5 to survey, measure and demarcate the petitioner's land at Survey No.305/3, K. Naduhalli village Dharmapuri Taluk and District and lay survey corner stones on all the sides of the petitioners lands, with police aid, if required, by considering the representation of the petitioner dated 09.06.2025 within a stipulated period. For Petitioner(s) : Mr.C.Umashankar For Respondent(s) : Mr.Mohammed Sathik 1, 2, 4 & 5 Government Advocate For R3, R6 : R.Kishore Kumar 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 the 7th Respondent is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus directing the Respondents 1, 2, 4 and 5 to survey, measure and demarcate the petitioner's land comprised in Survey No.305/3, situated at K.Naduhalli Village, Dharmapuri Taluk and District with Police aid, by considering the petitioner's representation dated 09.06.2025.
3. It is submitted by the learned counsel for petitioner that the patta in 2/6
respect of the land comprised in Survey No.305/3, situated at K.Naduhalli Village, Dharmapuri Taluk and District, stands in the name of the petitioner. Petitioner submitted a representation on 09.06.2025 for conducting survey of the subject land and has also paid the appropriate fees. It is stated that earlier an attempt was made to conduct survey, however there was resistance by 7th respondent. In the circumstances, petitioner has filed the present writ petition seeking survey along with police protection.
4. At the outset, it is submitted by Mr.Mohammed Sathik learned Government Advocate for respondents 1, 2, 4 and 5 that they would consider the petitioner's representation and carry out survey of the petitioner's land after issuing notice to petitioner, 7th respondent and other interested parties. It is further submitted that if there is any objection or difficulty in carrying out survey, the authorities concerned would take assistance of the 6th respondent/ Police.
5. Mr.R.Kishore Kumar, learned Government Advocate (Crl. Side) appearing for respondents 3 and 6 would submit that if any request for police protection is made, adequate protection would be provided for carrying out survey.
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6. In view thereof, the writ petition stands disposed of with a direction to the appropriate respondent to consider the representation dated 09.06.2025 and carry out a survey of the petitioner's land. The concerned authority shall seek police protection, if required. If any such protection is sought for, adequate protection would be extended by 6th respondent for carrying out survey. The above exercise shall be completed within a period of 8 weeks from the date of uploading of web copy without waiting for receipt of certified copy after giving prior notice to the petitioner, 7th respondent, adjacent land owners and other interested parties including rival claimants, if any. 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.
07.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka To:
1.The District Collector, Dharmapuri District, Dharmapuri.
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2.The Assistant Director, Survey Department, District Collectorate Office, Dharmapuri 636 705.
3.The Superintendent of Police, Dharmapuri District-636 705.
4.The Tahsildar, Dharmapuri Taluk, Dharmapuri District-636 701.
5.The Village Administrative Officer, K.Naduthalli Village, Dharmapuri Taluk and District.
6.The Inspector of Police, B-1 Town Police Station, Dharmapuri District-636 701.
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MOHAMMED SHAFFIQ, J.
mka 07.07.2025 6/6