C.Divya v. The Revenue Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ C.Divya ... Petitioner Vs.
1.The Revenue Tahsildar, Pennagaram Taluk, Dharmapuri District.
2.The Inspector of Police, Perumbalai Police Station, Dharmapuri District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent to conduct survey and measurements and to fix the boundaries for 5.08 3⁄4 acres bearing new S.F.Nos.573/4A1 and 573/4A2, Chinnampalli Village, Pennagaram Taluk, Dharmapuri District on the basis of the petitioner's online application No.2025/0123/05/011827 dated 05.06.2025 with the assistance of the 2nd respondent by considering the petitioner's representation dated 09.07.2025. For Petitioner : Mr.N.Manoharan For R1 : Mr.A.Selvendran Special Government Pleader For R2 : Mr.R.Kishore Kumar Government Advocate (Criminal Side)
ORDER
1/5
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 conduct survey and measurements and to fix four boundaries in the petitioner's property bearing survey Nos.573/4A1 and 573/4A2, situated at Chinnampalli Village, Pennagaram Taluk, Dharmapuri District as per the petitioner's online application No.2025/0123/05/011827 dated 05.06.2025 with the assistance of the 2nd respondent by considering the petitioner's representation dated 09.07.2025.
3. At the outset, the learned Special Government Pleader, on instructions submitted that online application was made only in respect of S.F.No.573/4A1 and in respect of S.F.No.573/4A2 no online application was made. It is further submitted that the petitioner may file a separate application in respect of the property comprised in Survey No.573/4A2 and on such application, the request would be considered and appropriate order be passed within a time frame to be fixed by this Court, which is agreed to by the learned counsel for the petitioner.
4. Mr.R.Kishore Kumar, learned Government Advocate appearing for the 2/5
2nd respondent would submit that in case, police protection if any, is required, they would request 2nd respondent.
5. 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 shall consider the application dated 05.06.2025 in respect of the property comprised in Survey No.573/4A1, in accordance with law and pass appropriate orders within a period of 8 weeks from the date of uploading of order copy without waiting for the receipt of certified copy, after issuing notice to the petitioner, adjacent land owner and all other interested parties including rival claimants, if any.
ii) It is open to the petitioner to submit an online application for survey of property comprised in Survey No.573/4A2. If any such application is submitted the same shall be considered by the respondents and appropriate orders shall be passed after issuing notice to the petitioner, adjacent land owner and all other interested parties including rival claimants, if any, within a period of 8 weeks from the date of submission of petitioner's application. iii) 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 3/5
for any document/conduct enquiry, if any, while considering the application dated 05.06.2025 and any application that may be submitted in respect of Survey No.573/4A2, necessary for conducting survey and for fixing boundaries of the subject property. It is also open to the respondents to call for documents to satisfy itself of the petitioner's entitlement for requesting survey and for fixing boundaries of the subject property.
iv) It is open to the 1st respondent to request for police protection before the 2nd respondent. If any such request is made, the 2nd respondent is directed to provide adequate police protection for conducting the survey and for fixing boundaries of the subject property.
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. No costs. 01.08.2025 Speaking (or) Non Speaking Order Index : Yes/ No mpa MOHAMMED SHAFFIQ, J.
mpa 4/5
To:
1.The Revenue Tahsildar, Pennagaram Taluk, Dharmapuri District.
2.The Inspector of Police, Perumbalai Police Station, Dharmapuri District.
01.08.2025 5/5