M.Nalini v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.08.2025 Coram:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ M.Nalini
...Petitioner
Versus
1.The Tahsildar, Salem West Taluk Office, Salem District.
2.The Head Surveyor, Taluk Office, Salem West, Salem District.
3.The Inspector of Police, Alagapuram Police Station, Salem District.
4.Murugesan 5.Ragupathy 6.Dhamotharan 7.Arun Kannan 8.Santhakumar 9.Pandiyan 10.Vasantha 1/7
11.Anand Babu 12.Sundaram
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 1st and 2nd respondents to conduct the survey and demarcation of the petitioner's property comprised in New Survey No.32/7 situated at Reddiyur Village, Salem West Taluk, Salem District, based on the petitioner representation dated 21.06.2025 and with the help of adequate police aid. For Petitioner :
Mr.R.Ramaguru For Respondents - 1 & 2:
Mr.P.Sathish, Additional Government Pleader For Respondent - 3 :
Mr.R.Kishore Kumar, Government Advocate (Crl. Side)
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 in this writ petition, notice to respondents 4 to 12 is dispensed with.
2. The relief sought in this writ petition is to direct the respondents 1 & 2 to conduct survey and demarcate the petitioner's property comprised in 2/7
New Survey No.32/7 situated at Reddiyur Village, Salem West Taluk, Salem District with the help of adequate police aid based on the petitioner's representation dated 21.06.2025.
3. Mr.R.Ramaguru, learned counsel for the petitioner submitted that the petitioner submitted an Online Application dated 16.06.2025 for survey and demarcation of subject property and paid the necessary fees. Apart from that, the petitioner has also submitted a Representation dated 21.06.2025 before the respondents 1 & 2, requesting to conduct survey in the subject property, however, the respondents 1 & 2 have not taken any steps to survey the subject property. Aggrieved, petitioner has filed the present writ petition.
4. Mr.P.Sathish, learned Additional Government Pleader appearing for the respondents 1 & 2 submitted that the TSLR Number in the EChallan dated 16.06.2025 enclosed in the typed set of papers is different from the Survey Number of the subject property. It is therefore submitted by the learned Additional Government Pleader that if the petitioner submits a fresh Online Application, for conducting survey and demarcation of 3/7
subject property on payment of necessary fees for carrying out the said exercise, the concerned respondent would consider the petitioner's Online Application in accordance with law, within a time frame to be fixed by this Court.
4.1. It is further submitted by the learned Additional Government Pleader for the respondents 1 & 2 that in case, police protection is required for surveying the subject property, the respondents 1 & 2 may be permitted to request the 3rd respondent.
5. When this was pointed out, Mr.R.Kishore Kumar, learned Government Advocate (Criminal Side) appearing for the 3rd respondent would submit that if any request for police protection is made, adequate police protection would be granted.
6. The submissions made by the learned Additional Government Pleader for the respondents 1 & 2 as well as the learned Government Advocate (Criminal Side) for the 3rd respondent have been fairly conceded by the learned counsel for the petitioner.
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7. In view of the limited relief sought by the petitioner, this Court is inclined to dispose of this Writ Petition with the following directions: (i) The petitioner is directed to submit an Online Application seeking survey of the subject property and also, directed to pay the necessary fees for carrying out the said exercise, within a period of four weeks from the date of uploading of the web copy of this order without waiting for the receipt of a certified copy of this order.
(ii) On submission of such Online Application by the petitioner, the concerned respondent shall consider the same, in accordance with law, after issuing notice to the petitioner, respondents 4 to 12, adjacent land owners and all other interested parties, if any, within a period of eight weeks from the date of submission of petitioner's Online Application. (iii) 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 1 & 2 to call for any document/conduct enquiry to satisfy itself of the petitioner's entitlement for requesting survey of subject property. (iv) 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 5/7
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.
(v) It is also open to the respondents 1 & 2 to request the 3rd respondent, for providing police protection, if the same is required. If any such request is made, the 3rd respondent shall provide adequate police protection for conducting survey in the subject property. No costs. 07.08.2025 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order To 1.The Tahsildar, Salem West Taluk Office, Salem District.
2.The Head Surveyor, Taluk Office, Salem West, Salem District.
3.The Inspector of Police, Alagapuram Police Station, Salem District.
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MOHAMMED SHAFFIQ, J.
mrr 07.08.2025 7/7