Madhammal v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ 1.Madhammal 2.Punithavalli 3.Sangeetha 4.Armstrong Petitioner(s) Vs 1.The Tahsildar, Karimangalam Taluk, Dharmapuri District.

2.The Inspector of Police, Kambainallur Police Station, Kambainallur, Dharmapuri -635202.

3.Krishnammal Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 1st Respondent and 2nd respondent to demarcate and fix boundaries with adequate Police Protection, for the lands comprised in Survey No.99/1A having an extent of 23 ares (57 cents) and Survey No.99/2A having an extent of 28.5 ares (70.5 cents) situated in the Kelavalli Village, Karimangalam Taluk, Dharmapuri District by considering the application No.2025/0123/05/011589 dated 29.05.2025. 1/6

For Petitioner(s) : Mr.P.G.Thiyagu for Mr.K.Siva For Respondent(s) : Mr.P.Sathish Additional Government Pleader For R2 Mr.R.Kishore Kumar Government Advocate (Crl. 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 3rd respondent is dispensed with.

2. The present writ petition is filed praying for a writ of Mandamus to direct the 1st Respondent and 2nd respondent to demarcate and fix boundaries with adequate police protection, for the lands comprised in Survey Nos.99/1Aand 99/2A.

3. It is submitted by the learned counsel for petitioners that petitioners submitted a representation on 29.05.2025 seeking survey of the lands comprised in Survey Nos.99/1A and 99/2A measuring an extent of 23 ares and 28.05 ares respectively situated at Kelavalli Village, Karimangalam Taluk, Dharmapuri 2/6

District, along with police protection. It is stated that the same has not been considered by the respondents till date. Aggrieved, petitioners have approached this Court, by way of this writ petition.

4. At the outset, it is submitted by Mr.P.Sathish, learned Additional Government Pleader for 1st respondent that they would consider the petitioners' representation dated 29.05.2025 seeking survey of the subject property and pass appropriate orders in accordance with law after issuing notice and after affording reasonable opportunity of hearing to the petitioners, 3rd respondent, adjacent land owners and other interested parties within a time frame to be fixed by this Court.

5. Mr.R.Kishore Kumar, learned Government Advocate (Crl. Side) appearing for 2nd respondent would submit that if any request for police protection is made, adequate protection would be provided for carrying out survey.

6. In view thereof, the writ petition stands disposed of with the following directions:

i) The respondents shall consider the representation dated 29.05.2025 in accordance with law, after issuing notice and affording a reasonable opportunity 3/6

of hearing to the petitioner, 3rd respondent, adjacent land owners and all other interested parties including rival claimants, if any. The concerned authority shall seek police protection, if required. If any such protection is sought for, adequate protection shall be extended by 2nd respondent for carrying out survey. 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 representation dated 29.05.2025.

iii) 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.

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. No costs. 31.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6

To:

1.The Tahsildar, Karimangalam Taluk, Dharmapuri District.

2.The Inspector of Police, Kambainallur Police Station, Kambainallur, Dharmapuri -635202.

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MOHAMMED SHAFFIQ, J.

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