K.Raja Ramesh v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Raja Ramesh : Petitioner Vs.

1.The Tahsildar, Cuddalore Taluk, Cuddalore District 2.The Taluk Head Surveyor, Cuddalore Taluk Office, Cuddalore District 3.The Sub Inspector of Police, Mudhu Nagar Police Station, Cuddalore Taluk & District 4.Senthil Murugan : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the respondents 1 and 2 with the help of 3rd respondent to consider the petitioner's representation dated 27.02.2025 and thereby direct the respondents to measure the property and erect the mile stones in Town Survey Nos.2171/2 and S.No.2171/3, Block No.57, Ward No.3, Karaiyeravittakuppam Street, Karaiyeravittakuppam Village, Cuddalore Town and Taluk and District.

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For Petitioner :

Mr.B.Sundarapandiyan For Respondents : Mr.S.J.Mohammed Sathik, Government Advocate, for respondents 1 and 2 Mr.R.Kishore Kumar, Government Advocate (Crl.Side) for respondent No.3

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 respondent No.4 is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus to direct respondents 1 and 2 with the help of 3rd respondent to consider the petitioner's representation dated 27.02.2025 and thereby direct the respondents to measure the property and fix boundary stones in respect of property comprised in Survey Nos.2171/2 and 2171/3, situated at Block No.57, Ward No.3, Karaiyeravittakuppam Street, Karaiyeravittakuppam Village, Cuddalore Town and Taluk and District.

3. It is the case of the petitioner that he submitted a representation dated 2/6

27.02.2025 before the respondents 1 and 2 seeking to measure and fix boundary stones in respect of subject property and has also paid the appropriate fees, however, the said representation has not been considered so far. Aggrieved by the same, the petitioner has filed the present writ petition.

4. At the outset, it is submitted by Mr.S.J.Mohammed Sathik, learned Government Advocate for respondents 1 and 2 that the representation dated 27.02.2025 submitted by the petitioner would be considered and appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.

5. It is further submitted by the learned Government Advocate that in case police protection is required they would request the 3rd respondent. When this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar (Criminal Side) appearing for the 3rd 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 respondents 1 and 2 shall consider the application/representation dated 27.02.2025 in accordance with law, after issuing notice to the petitioner, fourth 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 eight (8) weeks from the date of uploading of web copy without waiting for the receipt of certified copy.

iv) If any request is made by respondents 1 and 2 for police protection, the 3rd respondent is directed to provide adequate police protection for conducting 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 and all other interested parties are left open. 4/6

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, Cuddalore Taluk, Cuddalore District 2.The Taluk Head Surveyor, Cuddalore Taluk Office, Cuddalore District 3.The Sub Inspector of Police, Madhu Nagar Police Station, Cuddalore Taluk & District 5/6

MOHAMMED SHAFFIQ, J.

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