P.Arumugam v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ P.Arumugam Petitioner(s) Vs.

1.The State Represented by The Tahsildhar, Kallakurichi Taluk Office, Kallakurichi, Kallakurichi District.

2.The Head Surveyor, Surveyor Office (Taluk Office Building), Kallkurichi Taluk Office, Kallkurichi, Kallkurichi District.

3.The Deputy Superintendent of Police, Deputy Superintendent Office, Kallakurichi, Kallkurichi District.

4.The Inspector of Police, Thyagadurugam Police Station, Thyagadurugam, Kallakurichi District.

5.Selvi @ Vijayalkshmi 6.Palanichamy 7.Kannayiram @ Subramani 8.Rajamanikandan 9.Jothi Respondent(s) 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to dispose of the petitioner representation dated 15/07/2025 for surveying the petitioner's land in the Survey 112/4A-39 cents of land and Survey 112/4 B-38 cents of land, totaling 0 Acres 77 Cents of land with police protection by the respondents. For Petitioner(s) : Mr.A.R.Prabhudevan For Respondent(s) : Mr.P.Sathish 1 and 2 Additional Government Pleader R3 & R4 : 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 and also the limited relief that is sought to be granted, notice to respondents 5 to 9 is dispensed with.

2. The present writ petition is filed praying for a writ of Mandamus directing the respondents to dispose of the petitioner's representation dated 15/07/2025 seeking survey of the lands comprised in Survey Nos.112/4A and 112/4B along with police protection.

3. It is submitted by the learned counsel for petitioner that petitioner submitted a representation before respondents 1 to 4, on 15.07.2025 seeking survey of the lands comprised in Survey 112/4A measuring an extent of 39 Cents of land and Survey 112 / 4 B measuring an extent of 38 cents of land, in total 77 2/6

cents of land with police protection, however, the representation has not been considered by the respondents till date. Hence this writ petition.

4. At the outset, it is submitted by Mr.P.Sathish, learned Special Government Pleader for respondents 1 and 2 that petitioner's representation seeking survey of subject land would be considered and appropriate orders would be passed on merits after issuing notice and affording reasonable opportunity of hearing to the petitioner, respondents 5 to 9, adjacent land owners and other interested parties within a time frame to be fixed by this Court. Agreed to by the learned counsel for petitioner.

5. Mr.R.Kishore Kumar, learned Government Advocate (Crl. Side) appearing for respondents 3 and 4 would submit that if any request for police protection is made, adequate protection would be provided for carrying out survey.

6. In view thereof, the writ petition stands disposed of with the following directions:

i) The respondents shall consider the representation dated 15.07.2025 in accordance with law, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, respondents 5 to 9, adjacent land owners and all other interested parties including rival claimants, if any. The concerned authority shall seek police protection, if required. If any such protection is sought for, adequate 3/6

protection shall be extended by respondent 3 and 4 for carrying out 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 respondents to call for any document/conduct enquiry, if any, while considering the representation dated 15.07.2025.

iii) 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.

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, respondents 5 to 9 and all other interested parties are left open. No costs.

12.08.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka To:

1.The Tahsildhar, Kallakurichi Taluk Office, Kallakurichi, Kallakurichi District.

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2.The Head Surveyor, Surveyor Office (Taluk Office Building), Kallkurichi Taluk Office, Kallkurichi, Kallkurichi District.

3.The Deputy Superintendent of Police, Deputy Superintendent Office, Kallakurichi, Kallkurichi District.

4.The Inspector of Police, Thyagadurugam Police Station, Thyagadurugam, Kallakurichi District.

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MOHAMMED SHAFFIQ, J.

mka 12.08.2025 6/6