K.Chandran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Chandran ... Petitioner Vs.
1. The District Collector Dharmapuri District, Dharmapuri
2. The Superintendent Of Police Dharmapuri District, Dharmapuri
3. Revenue Divisional Officer Dharmapuri Revenue Division, Dharmapuri District, Dharmapuri
4. THASILDAR Dharmapuri Taluk Dharmapuri
5. Deputy Superintendent Of Police Dharmapuri
6. Inspector Of Police Krishnapuram Police Station, Dharmpuri District
7. GANESAN
8. BALASUBRAMANIAN
9. KUMAR
10. Mohanasundaram
11. GOPU ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the 4th respondent to conduct survey and demarcate the boundaries based on the application made by the petitioner dated 24.12.2023 vide online application No.2023/0123/05/000469, in respect of the property comprised in Survey No.300, 301, 302 and 303 situate in Krishnapuram Village, Dharmapuri Taluk and District.
For Petitioner :
Mr.C.Prabakaran For Respondents :
Mr.A.Selvendran for R1,R3 and R4 Special Government Pleader Mr.R.Kishore Kumar Govt. Advocate (Crl.side) for R2,R5and R6
O R D E R
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 respondents No.7 to 10 is dispensed with.
2. This writ petition has been filed seeking issuance of a writ of mandamus to direct the 4th respondent to dispose of the petitioner's online application No.2023/0123/05/000469 dated 24.12.2023 for survey of the property comprised in Survey No.300, 301, 302 and 303 situate in Krishnapuram Village, Dharmapuri Taluk and District.
3. It is submitted by the learned counsel for the petitioner that the petitioner submitted an online application on 24.12.2023 to the 4th respondent seeking survey of the subject property comprised in Survey Nos.300, 301, 302 and 303 situated at Krishnapuram Village, Dharmapuri Taluk and District and paid appropriate fees. Since the same was not considered, the present writ petition has been filed before this Court.
4. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader appearing for respondents R1,R3 and R4 that they will consider petitioner's application and survey the petitioner's land within a time frame to be fixed by this Court, which was agreed to by learned counsel for petitioner.
5. It is further submitted by learned Special Government Pleader that in case Police protection is required, respondent No.4 would request sixth respondent. When this was pointed out, Mr.R.Kishore Kumar, learned Government Advocate (Crl.Side), appearing for respondents 2,5 and 6 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 the writ petition with following directions; i) The 4th respondent shall consider the application dated 24.12.2023 in accordance with law and conduct survey, after issuing notice to the petitioner, adjacent land owner 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, if any, while considering the application necessary for conducting survey of subject property. It is also open to the respondents to call for documents to satisfy itself of the petitioner's entitlement for requesting survey of subject property. iii) It is open to respondents 1,3 and 4 to request for Police protection before sixth respondent. If any such request is made, sixth respondent is directed to provide adequate Police protection for conducting the survey.
iv) 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.
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 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.
7. There shall be no order as to cost.
06.08.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No msv To
1. The District Collector Dharmapuri District, Dharmapuri
2. The Superintendent Of Police Dharmapuri District, Dharmapuri
3. Revenue Divisional Officer Dharmapuri Revenue Division, Dharmapuri District, Dharmapuri
4. THASILDAR Dharmapuri Taluk Dharmapuri
5. Deputy Superintendent Of Police Dharmapuri
6. Inspector Of Police Krishnapuram Police Station,
Dharmpuri District
MOHAMMED SHAFFIQ, J.
msv 06.08.2025