Ramakrishnan v. The Tashildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Ramakrishnan ... Petitioner Vs.

1.The Tahsildar, Karimangalam Taluk, Dharmapuri District.

2.Head Surveyor, Taluk Office, Karimangalam.

3.The Inspector of Police, Karimangalam ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the 1st respondent to dispose of the petitioner's survey application No.2025/0123/05/009329 dated 01.03.2025, 2025/0123/05/009331 dated 01.03.2025 to measure the land in the Dindal Village Survey numbers 339/1, 366/1A1, 366/1A2A, 366/1A2B, 366/1B, 389, 390, 391, 398/1, 398/2 an extent of property 8 acre 16 cents and mark the boundaries based on the metes and bounds along with the necessary and appropriate police protection.

For Petitioner :

Mr.M.Ravi For Respondents :

Mr.R.P.Murugan Raja Govt. Advocate for R1 and R2 Mr.R.Kishore Kumar Govt. Advocate (Crl.side) for R3

O R D E R

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking issuance of a writ of mandamus to direct the 1st respondent to dispose of the petitioner's survey application No.2025/0123/05/009329 dated 01.03.2025, 2025/0123/05/009331 dated 01.03.2025 to measure the land in the Dindal Village Survey numbers 339/1, 366/1A1, 366/1A2A, 366/1A2B, 366/1B, 389, 390, 391, 398/1, 398/2 an extent of measuring 8 acre 16 cents and mark the boundaries based on the metes and bounds along with the necessary and appropriate police protection.

3. It is submitted by the learned counsel for petitioner that petitioner submitted an online application on 01.03.2025 to the 1st

respondent seeking survey of the subject property and has also paid appropriate fees. However, the same was not considered by the 1st respondent till date. Hence, the present writ petition.

4. At the outset, it is submitted by Mr.R.P.Murugan Raja, learned Government Advocate appearing for respondents 1 & 2 that they would consider petitioner's application and survey the subject property within a time frame to be fixed by this Court, which was agreed to by learned counsel for petitioner.

5. It is further submitted by learned Government Advocate that in case Police protection is required, respondents 1 & 2 would request third respondent. When this was pointed out, Mr.R.Kishore Kumar, learned Government Advocate (Crl.Side), appearing for third 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;

i) The respondents 1 and 2 shall consider the petitioner's application dated 01.03.2025 in accordance with law and conduct survey, after issuing notice to the petitioner, 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, if any, while considering the application necessary for conducting survey of subject property. It is also open to the respondents to call for documents to satisfy itself of the petitioner's entitlement for requesting survey of subject property.

iii) It is open to respondents 1 & 2 to request for Police protection before third respondent. If any such request is made, third respondent is directed to provide adequate Police protection for conducting the survey. iv) The entire process shall be completed within a period of 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 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. There shall be no order as to cost.

06.08.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No msv To 1.The Tahsildar, Karimangalam Taluk, Dharmapuri District.

2.Head Surveyor, Taluk Office, Karimangalam.

3.The Inspector of Police, Karimangalam .

MOHAMMED SHAFFIQ, J.

msv 06.08.2025