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Madras High CourtWP/27924/2025disposed of

Selvaraj v. The Revenue Divisional Officer

2025-07-30Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ Selvaraj ... Petitioner

Versus

1. The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Mannargudi - Post & Taluk, Thiruvarur District.

2. The Tahsildar O/o.The Tahsildar Mannargudi Post & Taluk, Thiruvarur District.

...Respondents

Prayer: This petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to conduct survey on petitioner's land situated in Survey No.314/17 to an extent of 0.14.50 Hectare and Survey No.314/20 to an extent of 0.3.00 hectare totally 17.30 acres in Ullikottai Village, Mannargudi Taluk, Thiruvarur district based on the online application in Challan No.2025/0123/20/003679 dated 26.03.2025 and the representation dated 28.04.2025.

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For Petitioner : Mr.D.Veerasekharan For Respondents : Mr.S.J.Mohammed Sathik Government Advocate

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 respondents to conduct survey on petitioner's land comprised in Survey No.314/17 and Survey No.314/20 measuring an extent of 0.14.50 hectare and 0.3.00 hectare totally 17.30 acres situated at Ullikottai Village, Mannargudi Taluk, Thiruvarur district based on the online application in Challan No.2025/0123/20/003679 dated 26.03.2025 and the representation dated 28.04.2025.

3. At the outset, it was submitted by the learned Government Advocate for the respondents that legal heir certificate was not produced and that was the reason for not proceeding with the survey. However, he 2/6

would submit that the petitioner's representation would be considered on production of legal heir certificate 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 petitioner. It is further submitted by the learned Government Advocate that in case police protection is required they would request the concerned police official.

4. In view of the limited relief that is prayed, this Court is inclined to dispose of the writ petition with following directions; i) The petitioner is directed to produce legal heir certificate and on such receipt, the respondent authority shall consider the representation in accordance with law, after issuing notice to the petitioner, adjacent land owner and all other interested parties including rival claimants, if any. If any police protection request is made by the 2nd respondent, the concerned police official is directed to provide adequate police protection for conducting the 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 3/6

respondents to call for any document/conduct enquiry to satisfy itself of the petitioner's entitlement for requesting survey of subject property. iii) The entire process shall be completed within a period of eight weeks from the date of producing legal heir certificate. 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.

5. Accordingly, the writ petition stands disposed of. 30.07.2025 Speaking order : Yes/No Index : Yes/No dpq To 4/6

1. The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Mannargudi - Post & Taluk, Thiruvarur District.

2. The Tahsildar O/o.The Tahsildar Mannargudi Post & Taluk, Thiruvarur District.

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MOHAMMED SHAFFIQ, J.

dpq 30.07.2025 6/6