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Madras High CourtWP/26551/2025disposed of

A.Krishnan v. The State Of Tamilnadu

2025-07-28Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ A.Krishnan

...Petitioner(s)

Vs.

1.The State of Tamil Nadu, Rep. by the District Collector, Ranipet, Ranipet District.

2.The Revenue Division Officer, Ranipet, Ranipet District.

3.The Tahsildar, Nemili, Ranipet District.

4.Mr.Suresh

...Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 3rd respondent herein to survey 39 cents of agricultural land with police protection, having joint patta No.112 comprised in Dry Survey No.53/4, Kolathur Village, Nemili Taluk, Ranipet District and to fix its four boundaries and to issue new patta within a time limit as per petitioner's online application dated 18.07.2024 and representation dated 02.04.2025.

For Petitioner(s) : Mr.S.A.Secular (VC) For Respondent(s) : Mr.A.Selvendran 1 to 3 Special Government Pleader 1/6

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 4th respondent is dispensed with.

2. The present writ petition is filed praying for a writ of Mandamus to direct the 3rd respondent herein to consider petitioner's online application dated 18.07.2024 and representation dated 02.04.2025 and survey the agricultural land comprised in Dry Survey No.53/4, measuring an extent of 39 cents situated at Kolathur Village, Nemili Taluk, Ranipet District with police protection.

3. It is submitted by the learned counsel for petitioner that petitioner submitted online application on 18.07.2024 before the 3rd respondent seeking survey and issuance of new patta in respect of the subject land. It is stated that survey was not carried out due to intervention of the 4th respondent. Thereafter, petitioner submitted another representation on 02.04.2025 before the respondents 1 to 3 seeking survey, which is stated to be kept pending. Hence this writ petition.

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4. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader for respondents that they would consider petitioner's online application and representation and conduct survey after issuing notice and affording reasonable opportunity of hearing to the petitioner, 4th respondent, adjacent land owners and other interested parties within a time frame to be fixed by this Court. Agreed to by the learned counsel for petitioner.

5. 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 shall consider petitioner's online application dated 18.07.2024 and representation dated 02.04.2025 in accordance with law, after issuing notice to the petitioner, 4th respondent, adjacent land owner 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 to call for any document/conduct enquiry to satisfy itself of the petitioner's entitlement for requesting survey of subject property.

iii) The entire process shall be completed within a period of 8 weeks from the date of uploading of web copy without waiting for the receipt of certified copy.

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iv) If any request for police protection is sought, the same shall be extended by the jurisdictional police station for the purpose of carrying out survey.

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, 4th respondent and all other interested parties are left open.

6. There shall be no order as to costs.

28.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6

To:

1.The District Collector, Ranipet, Ranipet District.

2.The Revenue Division Officer, Ranipet, Ranipet District.

3.The Tahsildar, Nemili, Ranipet District.

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MOHAMMED SHAFFIQ, J.

mka 28.07.2025 6/6