G.Mathavan v. The Tahsildar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ G.Mathavan, S/o.Gopal Pillai ... Petitioner Vs.
1.The Tahsildar, 2.The Taluk Surveyor, 3.The Inspector of Police, Valathy Police Station, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the first respondent to demarcate and fix boundaries with adequate Police Protection for the lands comprised in S.No.74/5B and S.No.74/7B situated at Sinthagampoondi Village, Melmalaiyanur Taluk, Villupuram District by considering the Application No.2024/0123/07/002613 dated 16.07.2024.
For Petitioner : Ms.J.Kasilda 1/6
For Respondents :
For R1 and R2 : Mr.P.Ganesan Government Advocate For R3 : 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.
2. The present writ petition is filed praying for a writ of mandamus, to direct the 1st respondent to demarcate and fix boundaries with adequate Police Protection for the lands comprised in S.No.74/5B and S.No.74/7B situated at Sinthagampoondi Village, Melmalaiyanur Taluk, Villupuram District by considering the Application No.2024/0123/07/002613 dated 16.07.2024.
3. It is submitted by the learned counsel for the petitioner that the petitioner submitted an online application dated 16.07.2024 to the 1st respondent for surveying and demarcating the property comprised in S.No.74/5B and S.No.74/7B, situated at Sinthagampoondi Village, Melmalaiyanur Taluk, Villupuram District and paid necessary charges. However, till date petitioner's application was not considered by the 1st respondent. Hence, this writ petition. 2/6
4. At the outset, it is submitted by Mr.P.Ganesan, learned Government Advocate for the respondents 1 and 2 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 Government Advocate that in case police protection is required, a request would be made to the 3rd respondent. When this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar appearing for the 3rd 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 and 2 shall consider the application in accordance with law, after issuing notice to the petitioner 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 to satisfy itself of the petitioner's entitlement 3/6
for surveying and demarcating the subject 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 and 2 to request for police protection before the 3rd respondent. If any such request is made, the 3rd respondent is directed to provide adequate police protection for surveying the demarcating the subject 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 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 Tahsildar, 2.The Taluk Surveyor, 4/6
3.The Inspector of Police, Valathy Police Station, MOHAMMED SHAFFIQ, J.
arb 5/6
04.08.2025 6/6