N.Chandra v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 07.08.2025 Coram:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ N.Chandra

...Petitioner

Versus

1.The District Collector, Kancheepuram District.

2.The Tahsildar, Uthiramerur Taluk, Kancheepuram District.

3.The Head Surveyor, Uthiramerur Taluk, Kancheepuram District.

4.Village Administration Officer, Uthiramerur Taluk, Kancheepuram District.

5.Bhaskar 6.Rushendra Babu 7.The Inspector of Police, Law and Order, Uthiramerur Taluk Police Station, Kancheepuram.

...Respondents

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Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the second respondent herein to survey, measure, demarcate and sub-divide the petitioner's house site property situated in Old Survey Nos.122/7B, 123/1A2 as per Patta 192, Survey Nos.31/3, 31/4, 91/6A as per Patta No.230 Survey Nos.117/1, 117/2, 122/3, 122/7A, 123/1A3 as per Patta No.225, Survey No.101/9A as per Patta No.658, Survey No.101/9C as per Patta No.269 and Survey No.101/9D as per Patta No.717 situated in Nelveli Village, Uthiramerur Taluk, Kancheepuram District totally measuring about 20.04 1⁄4 Acres within a time frame as deem fit and proper by this Court.

For Petitioner :

Mr.R.Kishore Kumar for M/s.Bala and Daisy For Respondents - 1 to 4 :

Mr.P.Sathish, Additional Govt. Pleader For Respondent - 7 :

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 in this writ petition, notice to the respondents 5 & 6 is dispensed with.

2. The relief sought in this writ petition is to direct the 2nd respondent 2/7

to survey, measure, demarcate and sub-divide the petitioner's house site property comprised in Old Survey Nos.122/7B, 123/1A2 as per Patta 192, Survey Nos.31/3, 31/4, 91/6A as per Patta No.230 Survey Nos.117/1, 117/2, 122/3, 122/7A, 123/1A3 as per Patta No.225, Survey No.101/9A as per Patta No.658, Survey No.101/9C as per Patta No.269 and Survey No.101/9D as per Patta No.717 measuring a total extent of 20.04 1⁄4 Acres situated at Nelveli Village, Uthiramerur Taluk, Kancheepuram District (hereinafter referred to as "subject property") within a time frame to be fixed this Court.

3. Mr.R.Kishore Kumar, learned counsel for the petitioner submitted that petitioner submitted an Online Application No.2025/0123/03/006043 dated 22.02.2025 seeking to survey, measure, demarcate and sub-divide the subject property and has also paid the necessary fees for same. He further submitted that on 03.06.2025, when the 2nd respondent visited the subject property to conduct survey, respondents 5 & 6 obstructed the 2nd respondent and other Revenue Officials from conducting survey in the subject property. Hence, the petitioner has filed this writ petition. 3/7

4. Mr.P.Sathish, learned Additional Government Pleader appearing for the respondents 1 to 4 submitted that 2nd respondent would consider petitioner's Online Application dated 22.02.2025, within a time frame to be fixed by this Court.

4.1. It is further submitted by the learned Additional Government Pleader for respondents 1 to 4 that in case, police protection is required for surveying the subject property, respondents 1 to 4 may be permitted to request the 7th respondent.

5. When the learned Additional Government Pleader for the respondents 1 to 4 made the above submission, Mr.R.Kishore Kumar, learned Government Advocate (Criminal Side) appearing for the 7th respondent submitted that if any request for police protection is made, adequate police protection would be granted.

6. The submissions made by the learned Additional Government Pleader for the respondents 1 to 4 as well as the learned Government Advocate (Criminal Side) for the 7th respondent have been fairly conceded 4/7

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 22.02.2025, in accordance with law, after issuing notice to the petitioner, respondents 5 and 6, 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 2nd respondent 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 regard to the merits of the case and it is open to the 2nd respondent to consider the matter on its own merits and in accordance with law.

open.

(v) It is also open to the respondents 1 to 4 to request the 7th respondent, for providing police protection, if the same is required. If any such request is made, 7th 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 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