S.Gokulakrishnan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.08.2025 Coram:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Gokulakrishnan
...Petitioner
Versus
1.The District Collector, Thirupathur District.
2.The Tahsildar, Thirupathur Taluk Office, Thirupathur Taluk & District - 635 602.
3.The Head Surveyor, Thirupathur Taluk Office, Thirupathur Taluk & District - 635 602.
4.The Inspector of Police, Thirupathur Taluk Police Station, Thirupathur District - 635 601.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 2nd respondent to survey and fix the boundary stones for the lands (Settlement Deed Document No.1969/2007) comprised in Survey Nos.27/4A10, 27/4A12A, 27/4A2 to extent of 2.92 Acres at Kathirimangalam Village, Thirupathur Taluk & District forthwith.
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For Petitioner :
Mr.T.Venkatesan For Respondents - 1 to 3 :
Mr.P.Sathish, Additional Govt. Pleader For Respondent - 4 :
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.
2. The relief sought in this writ petition is to direct the 2nd respondent to survey and fix the boundary stones for the lands (Settlement Deed Document No.1969/2007) comprised in Survey Nos.27/4A10, 27/4A12A, 27/4A2 measuring an extent of 2.92 Acres, situated at Kathirimangalam Village, Thirupathur Taluk & District forthwith.
3. Mr.T.Venkatesan, learned counsel for the petitioner submitted that petitioner submitted an Online Application No.2025/0123/36/004585 dated 01.07.2025 for conducting survey and fixing boundary stones in the subject property before the respondents. However, the respondents 1 to 3 have not 2/7
taken any steps to conduct the survey and fix the boundary stones in the subject property. Hence, the petitioner has filed this writ petition.
4. Mr.P.Sathish, learned Additional Government Pleader appearing for the respondents 1 to 3 submitted that the 2nd respondent would consider the petitioner's Online Application dated 01.07.2025, within a time frame to be fixed by this Court.
4.1. It is further submitted by the learned Additional Government Pleader for the respondents 1 to 3 that in case, police protection is required for surveying the subject property, the respondents 1 to 3 may be permitted to request the 4th respondent.
5. When the learned Additional Government Pleader for the respondents 1 to 3 made the above submission, Mr.R.Kishore Kumar, learned Government Advocate (Criminal Side) appearing for the 4th respondent submitted that if any request for police protection is made, adequate police protection would be granted.
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6. The submissions made by the learned Government Advocate for the respondents 1 to 3 as well as the learned Government Advocate (Criminal Side) for the 4th respondent have been fairly conceded by the learned counsel for the petitioner.
7. In view of the limited relief sought by the petitioner, this Court is inclined to dispose of this Writ Petition with the following directions: (i) The 2nd respondent shall consider the petitioner's Online Application dated 01.07.2025, in accordance with law, 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 to satisfy itself of the petitioner's entitlement for requesting survey of subject property. (iii) The 2nd respondent shall complete the entire process within a period of twelve weeks from the date of uploading of the web copy of this order without waiting for the receipt of a certified copy of this order. (iv) It is made clear that this Court has not expressed any views with 4/7
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.
(v) It is also open to the respondents 1 to 3 to request the 4th respondent, for providing police protection, if the same is required. If any such request is made, the 4th respondent shall provide adequate police protection for conducting survey in the subject property. No costs. 07.08.2025 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order 5/7
To 1.The District Collector, Thirupathur District.
2.The Tahsildar, Thirupathur Taluk Office, Thirupathur Taluk & District - 635 602.
3.The Head Surveyor, Thirupathur Taluk Office, Thirupathur Taluk & District - 635 602.
4.The Inspector of Police, Thirupathur Taluk Police Station, Thirupathur District - 635 601.
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MOHAMMED SHAFFIQ, J.
mrr 07.08.2025 7/7