R.Sengottuvel v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ R.Sengottuvel : Petitioner Vs.

1.The District Collector, Office of the Collectorate, Namakkal District 2.The Tahsildar, Office of the Tahsildar, Tiruchengode Taluk, Salem District 3.The Head Surveyor, Office of the Tahsildar, Tiruchengode Taluk, Namakkal District 4.The Inspector of Police, Elachipalayam Police Station, Tiruchengode Taluk, Namakkal District : 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 measure the petitioner's property in Survey No.256/3B covered by patta No.1914 to an 1/6

extent of about 4 acre 31 cents, Punja Hectare 1.74.50 in Periyamanali village Tiruchengode Taluk, Namakkal District by disposing of the petitioner's online application dated 22.05.2025 vide petition No.2025/0123/09/004350 and the same within a stipulated time.

For Petitioner :

Mr.V.Ranjitha For Respondents : Mr.P.Sathish, Additional Government Pleader for respondents 1 to 3 Mr.R.Kishore Kumar, Government Advocate (Crl.Side) for respondent No.4

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 respondents 2 and 3 to measure petitioner's property comprised in Survey No.256/3B covered by patta No.1914 measuring an extent of about 4 acre 31 cents, Punja Hectare 1.74.50 situated at Periyamanali Village, Tiruchengode Taluk, Namakkal District by disposing of petitioner's online application dated 22.05.2025 vide petition No.2025/0123/09/004350 within a 2/6

stipulated time.

3. It is submitted by the learned counsel for the petitioner that petitioner submitted an online application dated 22.05.2025 before the third respondent seeking to survey and fix boundaries in the subject property and has also paid the appropriate fees. The said application was not considered so far. Aggrieved by the same, petitioner has filed the present writ petition.

4. On this being pointed out, the learned Additional Government Pleader for respondents 1 to 3 would submit that they would consider the petitioner's application dated 22.05.2025 and carry out survey and fix boundaries in 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 Additional Government Pleader that in case police protection is required they would request the fourth respondent. When this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar appearing for the fourth respondent would submit that if 3/6

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 22.05.2025 in accordance with law, after issuing notice to the petitioner, 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 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 (8) 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 4/6

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, Office of the Collectorate, Namakkal District 2.The Tahsildar, Office of the Tahsildar, Tiruchengode Taluk, Salem District 3.The Head Surveyor, Office of the Tahsildar, Tiruchengode Taluk, Namakkal District 4.The Inspector of Police, Elachipalayam Police Station, Tiruchengode Taluk, Namakkal District 5/6

MOHAMMED SHAFFIQ, J.

(mrn) 28.07.2025 6/6