Kishorkumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Kishorekumar, S/o.Pandurangan ... Petitioner Vs.

1.The District Collector, Kallakurichi District, Kallakurichi.

2.The Tahsildar, Kallakurichi Taluk, Kallakurichi District.

3.The Head Surveyor, Kallakurichi Taluk, Kallakurichi District.

4.The Inspector of Police, Thiyagadurugam Police Station, Kallakurichi District.

5.Sengan, S/o.Manicka Moopar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the second and third respondents to survey and measure the petitioner's field boundaries for a properties comprised in 1/6

S.Nos.120/13D, 120/13F, 120/13I and 123/3G totally at measuring to an extent of 85 3⁄4 cents situated at Pukkulam Village, Kallakurichi Taluk and District with the 4th respondent's police aid pursuant to petitioner's online application vide No.2025/0123/33/008048 dated 16.07.2025.

For Petitioner : Mr.N.Ranjith Kumar For Respondents :

For R1 to R3 : Mr.A.Selvendran Special Government Pleader For R4 : Mr.R.Kishore Kumar Government Advocate (Criminal 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 and also the limited relief that is sought to be granted, notice to the 5th respondent is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus, to direct the respondents 2 and 3 to consider the online application dated 16.07.2025 of the petitioner, seeking for surveying and measuring the field boundaries of the petitioner's property, comprised in S.Nos.120/13D, 120/13F, 120/13I and 123/3G, 2/6

situated at Pukkulam Village, Kallakurichi Taluk, Kallakurichi District.

3. It is submitted by the learned counsel for the petitioner that the petitioner submitted an online application dated 16.07.2025 to the 2nd respondent for surveying and measuring the field boundaries of the petitioner's property comprised in S.Nos.120/13D, 120/13F, 120/13I and 123/3G, measuring to an extent of 85 3⁄4 cents, situated at Pukkulam Village, Kallakurichi Taluk, Kallakurichi District and paid necessary charges. However, till date petitioner's application was not considered by the 2nd respondent. Hence, this writ petition.

4. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader for the respondents 1 to 3 that the above application submitted by the petitioner would be considered and appropriate orders would be passed 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, a request would be made to the 4th respondent. When this was pointed out, the learned Government Advocate, Mr.R.Kishore 3/6

Kumar appearing for the 4th 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 this writ petition and accordingly, this writ petition is disposed of with following directions:- i) The respondents 1 to 3 shall consider the application in accordance with law, after issuing notice to the petitioner, 5th respondent 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 1 to 4 to call for any document/conduct enquiry to satisfy itself of the petitioner's entitlement for surveying and measuring the field boundaries of the petitioner's property.

iii) The entire process shall be completed within a period of 8 weeks from the date of uploading of web copy without waiting for receipt of certified copy. iv) It is open to the respondents 1 to 3 to request for police protection before the 4th respondent. If any such request is made, the 4th respondent is directed to provide adequate police protection for surveying and measuring the field 4/6

boundaries of the petitioner's property.

v) It is made clear that this Court has not expressed any views with regard to the merits of the matter and it is open to the concerned official 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. No costs. 04.08.2025 arb To 1.The District Collector, Kallakurichi District, Kallakurichi.

2.The Tahsildar, Kallakurichi Taluk, Kallakurichi District.

3.The Head Surveyor, Kallakurichi Taluk, Kallakurichi District.

4.The Inspector of Police, Thiyagadurugam Police Station, Kallakurichi District.

MOHAMMED SHAFFIQ, J.

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arb 04.08.2025 6/6