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Madras High CourtWP/26862/2025disposed of

Durai v. The Tashildhar

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 Durai : Petitioner Vs.

1.The Tahsildar, Nallamapalli Taluk, Dharmapuri District 2.The Village Administrative Officer, Errapayanahalli Village, Nallamapalli Taluk, Dharmapuri District 3.The Inspector of Police, Pennagaram, Dharmapuri District : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the first respondent to dispose of petitioner's survey application No.2025/0123/05/012124 dated 17.06.2025 to measure the land in the Errapayanahalli Village, Survey Number 84/9C1B2 an extent of property over 0-0.80 ares and mark the boundaries based on the metes and bounds along with the necessary and appropriate police protection. 1/6

For Petitioner :

Mr.M.Ravi For Respondents : Mr.P.Sathish, Additional Government Pleader for respondents 1 and 2 Mr.R.Kishore Kumar, Government Advocate (Crl.Side) for R-3

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 first respondent to dispose of petitioner's survey application No.2025/0123/05/012124 dated 17.06.2025 to measure the land comprised in Survey Number 84/9C1B2 measuring an extent of property over 0-0.80 ares situated at Errapayanahalli Village, and mark the boundaries based on metes and bounds along with the necessary and appropriate police protection. 2/6

3. It is submitted by the learned counsel for the petitioner that petitioner submitted an online application dated 17.06.2025 before the first respondent seeking to measure the subject property and mark necessary boundaries based on the metes and bounds and has also paid appropriate fees. The said application was not considered so far. Aggrieved by the same, the petitioner has filed the present writ petition.

4. On this being pointed out, the learned Additional Government Pleader for respondents 1 and 2 would submit that they would consider petitioner's application dated 17.06.2025 and carry out measurement and mark necessary boundaries based on the metes and bounds 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 third respondent. When this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar appearing for the third 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 first respondent shall consider the application/representation dated 17.06.2025 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 first 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 for police protection by the first respondent, 3rd 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.

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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.

28.07.2025 Speaking (or) Non Speaking Order mrn To 1.The Tahsildar, Nallamapalli Taluk, Dharmapuri District 2.The Village Administrative Officer, Errapayanahalli Village, Nallamapalli Taluk, Dharmapuri District 3.The Inspector of Police, Pennagaram, Dharmapuri District 5/6

MOHAMMED SHAFFIQ, J.

(mrn) 28.07.2025 6/6