M.Srinivasan v. The Sub Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ M.Srinivasan : Petitioner Vs.
1.The Sub Collector/Revenue Divisional Officer, Mettur Revenue Division, Mettur Dam-1, 2.Tashildar, Mettur Taluk, Mettur Dam, 3.The Taluk Head Surveyor, Mettur Taluk, Mettur Dam, 4.The Village Administrative Officer, Mallikundam Revenue Village, Malikundam-636 458, Mettur Taluk, 5.The Inspector of Police, 1/7
Mecheri Police Station, Mecheri -636 453, Mettur Taluk, 6.Sundar 7.Murugesan 8.Ramu 9.Kuppusamy : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the respondents 2 and 3 to survey and demarcate boundaries of the petitioner's lands in S.No.457/2A, 457/3A and 457/5A to an extent of 1.54 Acres, situated at Mallikundam Revenue Village, Mettur Taluk, Salem District with assistance of the fifth respondent police within a stipulated time to be fixed by this Court and pass orders. For Petitioner : Mr.M.R.Jothimanian For Respondents : Mr.A.Selvendran Special Government Pleader for R1 to R4 Mr.R.Venkatesaperumal Government Advocate (Crl.Side) for respondent No.5
ORDER
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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 Nos.6 to 9 is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus to direct respondents 2 and 3 to survey and demarcate boundaries of the petitioner's lands comprised in S.Nos.457/2A, 457/3A and 457/5A measuring an extent of 1.54 Acres, situated at Mallikundam Revenue Village, Mettur Taluk, Salem District with assistance of the fifth respondent police within a stipulated time to be fixed by this Court.
3. It is submitted by the learned counsel for the petitioner that petitioner submitted an online application dated 13.03.2025 before respondents 2 and 3 seeking to survey and demarcate boundaries in the subject property and has also paid the appropriate fees. The said application has not been considered so far. Aggrieved by the same, the petitioner has filed the present writ petition.
4. On this being pointed out, the learned Special Government Pleader would submit that they would consider the petitioner's application dated 3/7
13.03.2025 and carry out survey and demarcate boundaries in the subject property 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 Special Government Pleader that in case police protection is required they would request the 5th respondent. When this was pointed out, the learned Government Advocate, Mr.R.Venkatesaperumal appearing for the 5th 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 2 and 3 shall consider the online application dated 13.03.2025 in accordance with law, after issuing notice to the petitioner, respondents 6 to 9, 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 respondents 2 and 3 to call for any document/conduct enquiry to satisfy itself of the petitioner's 4/7
entitlement for requesting survey of subject property. iii) If any such request for police protection is made by the respondents 2 and 3, the fifth 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.
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 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.
6. Accordingly, the writ petition stands disposed of. There will be no order as to costs.
30.07.2025 Speaking (or) Non Speaking Order mrn To 1.The Sub Collector/Revenue Divisional Officer, Mettur Revenue Division, Mettur Dam-1, 2.Tashildar, 5/7
Mettur Taluk, Mettur Dam, 3.The Taluk Head Surveyor, Mettur Taluk, Mettur Dam, 4.The Village Administrative Officer, Mallikundam Revenue Village, Malikundam-636 458, Mettur Taluk, 5.The Inspector of Police, Mecheri Police Station, Mecheri -636 453, Mettur Taluk, MOHAMMED SHAFFIQ, J.
(mrn) 6/7
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