Valliammal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Mrs.Valliammai ... Petitioner Vs.

1.The District Collector, Villupuram District.

2.The Revenue Divisional Officer, Kallakurichi, Villupuram District.

3.The Tahsildar, Kallakurichi Taluk, Villupuram District.

4.The Inspector of Police, Kachirayapalayam Police Station, Villupuram District.

5.Chitra 6.Jayarani ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the third respondent to survey and measure land situated at Perumal Kovil Street, Kuthiraichandal Village, Kallakurichi Taluk, Villupuram District situated within the office of the Sub Registrar Kallakurichi Joint-I comprised in Survey No.69/3 to an extent of 1744 sq.ft. and pass orders.

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For Petitioner : Mr.C.Kathirudayan For Respondents : Mr.R.P.Murugan Raja Government Advocate for R1 to R3 : Mr.R.Kishore Kumar Government Advocate (Crl. Side) for R4

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 Respondent Nos.5 and 6 is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus to direct the third respondent to survey and measure land comprised in Survey No.69/3 measuring an extent of 1744 sq.ft. situated at Perumal Kovil Street, Kuthiraichandal Village, Kallakurichi Taluk, Villupuram District within the office of the Sub Registrar Kallakurichi Joint-I.

3. It is submitted by the learned counsel for the petitioner that petitioner is 2/6

the absolute owner of the subject property. The petitioner submitted an online application on 10.04.2025 before the third respondent to survey and measure the subject property and paid necessary fees. However, no action was taken by the third respondent. Hence, the petitioner has filed the present writ petition.

4. The learned Government Advocate, Mr.R.P.Murugan Raja appearing for Respondent Nos.1 to 3 would submit that they would consider the online application dated 10.04.2025 and survey and measure the subject property and pass appropriate orders 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 Government Advocate that in case police protection is required they would request the 4th respondent. When this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar appearing for the 4th 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: 3/6

i) The third respondent shall consider the application/representation dated 10.04.2025 in accordance with law, after issuing notice to the petitioner, respondents 5 and 6, 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 third respondent 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 1 to 3, the 4th respondent is directed to provide adequate police protection for conducting the survey.

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

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16.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn To:

1.The District Collector, Villupuram District.

2.The Revenue Divisional Officer, Kallakurichi, Villupuram District.

3.The Tahsildar, Kallakurichi Taluk, Villupuram District.

4.The Inspector of Police, Kachirayapalayam Police Station, Villupuram District.

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MOHAMMED SHAFFIQ, J.

mrn 16.07.2025 6/6