Karthick v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-07-2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.No.29195 of 2025

1. KARTHICK S/o Duraisamy 2/124, Adar Main Road, Kallkurichi Petitioner(s) Vs

1. The Thasildar Kallakurichi Taluk, Kallakurichi District 2.The Surveyor Kallakurichi Taluk, Kallakurichi District 3.The Sub Inspector Of Police Varajaram Police Station, Kallakurichi District 4.C.Sathiyamoorthy S/o Chinnasamy 48 Kamala Nagar, Kelambakkam, Chennai 603 103

Respondent(s) PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to forbear the respondents 1 and 2 from surveying or disturbing with the possession of the petitioner in the guise of surveying the property comprised in SF. No 215 / 1A3 at Virugavoor Village, Kallakurichi District by considering the representation of the petitioner herein dated 05.07.2025. For Petitioner(s):

Mr. R.Nalliyappan For Respondent:

Mr.P.Sathish, Additional Govt. Pleader for R1 and R2 Mr.R.Kishore Kumar, Government Advocate (Crl.side) for R3

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 fourth respondent is dispensed with.

2. This Writ Petition has been filed for the issuance of a writ of mandamus to forbear the respondents 1 and 2 from surveying or disturbing with the possession of the petitioner in the guise of surveying the property comprised in SF. No 215 / 1A3 at Virugavoor Village, Kallakurichi District by considering

the representation of the petitioner herein dated 05.07.2025.

3. It is submitted by the learned counsel for the petitioner that the petitioner is the owner of the property comprised in survey No.215/1A3 at Virugavoor Village, Kallakurichi District. He would further submit that the petitioner had already submitted a representation on 05.07.2025 objecting the survey. The learned counsel for the petitioner would only request that the petitioner must be heard before proceeding with the survey of the land comprised in Survey No.215/1A3.

4. Mr.P.Sathish, the learned Additional Government Pleader appearing for respondents 1 and 2, submitted that pursuant to the directions of this Court in W.P.Nos.20451/2025 dated 25.07.2024, survey of Survey Nos.215/A2, 215/1A1 & 215/1A4 and 215/1A3, is proposed on 17.07.2025.

5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, this Court is of the view that the survey proposed for tomorrow shall be conducted on 24.07.2025. In the meanwhile, petitioner shall appear before the first respondent at 11.00 a.m. on 21.07.2025 and put forth his objections / explanations with regard to the survey. th Respondents are directed to conduct an enquiry with the petitioner, 4 respondent, adjacent land owners and any other interested parties including rival claimants, if any, and thereafter, proceed to conduct the survey of land/property

comprised in Survey No.215/1A3, in accordance with law on 24.07.2025, which was agreed to by the petitioner.

6. In view of the above, this Writ Petition stands disposed. No costs. Consequently, connected miscellaneous petition is closed. 16-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Note to Office: Issue order copy on 17.07.2025. bkn

To 1.The Thasildar Kallakurichi Taluk, Kallakurichi District 2.The Surveyor Kallakurichi Taluk, Kallakurichi District 3.The Sub Inspector Of Police Varajaram Police Station, Kallakurichi District

MOHAMMED SHAFFIQ J.

bkn 16-07-2025