O.K.Chellamuthu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ O.K.Chellamuthu 2.Supukutty : Petitioners Vs.
1.The District Collector, Coimbatore, Collectorate, State Bank Road, Coimbatore-641 018.
2.The Tahsildar, Annur Taluk, Coimbatore District-641 301.
3.The Taluk Surveyor, Annur Taluk, Coimbatore District -641 301.
4.The Inspector of Police, Annur Police Station, Coimbatore District.
5.Nataraj : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, 1/7
praying to issue Writ of Mandamus directing the respondents 2 and 3 to survey the lands as per the first petitioner's two applications dated 25.03.2025, bearing Application No.2025/0123/12/007364 and Application No.2025/0123/12/006488 and pass orders.
For Petitioner : Mr.P.A.Sai Govindaraja For Respondents : Mr.P.Sathish Additional Government Pleader for R1 to R3 Mr.R.Venkatesaperumal Government Advocate (Crl.Side) for R4
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.5 is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus to direct the respondents 2 and 3 to survey the lands as per the first petitioner's applications dated 25.03.2025, bearing Application No.2025/0123/12/007364 and Application No.2025/0123/12/006488.
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3. It is submitted by the learned counsel for the petitioners that first petitioner submitted applications dated 25.03.2025 before the third respondent seeking to survey the property comprised in S.F.No.506/1H1, S.F.No.506/1H2, S.F.No.506/1C and S.F.No.506/1D and has also paid the appropriate fees. The said applications have not been considered so far. Aggrieved by the same, the petitioners have filed the present writ petition.
4. On this being pointed out, the learned Additional Government Pleader would submit that they would consider the first petitioner's applications dated 25.03.2025 and carry out survey 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 Additional Government Pleader that in case police protection is required they would request the 4th respondent. When this was pointed out, the learned Government Advocate, Mr.R.Venkatesaperumal appearing for the 4th respondent would submit that if any such request is made adequate police protection will be granted. 3/7
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 applications dated 25.03.2025 in accordance with law, after issuing notice to the petitioner, fifth respondent, 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 respondents 2 and 3 to call for any document/conduct enquiry to satisfy itself of the first petitioner's entitlement for requesting survey of subject property. iii) If any request for police protection is made by the respondents 2 and 3, the fourth respondent is directed to provide adequate police protection for conducting the survey.
iv) The entire process shall be completed within a period of twelve (12) 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 4/7
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.
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 District Collector, Coimbatore, Collectorate, State Bank Road, Coimbatore-641 018.
2.The Tahsildar, 5/7
Annur Taluk, Coimbatore District-641 301.
3.The Taluk Surveyor, Annur Taluk, Coimbatore District -641 301.
4.The Inspector of Police, Annur Police Station, Coimbatore District.
MOHAMMED SHAFFIQ, J.
(mrn) 6/7
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