A.Palanivel v. The Tahsidlar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.08.2025 Coram:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Mr.A.Palanivel

...Petitioner

Versus

1.The Tahsildar, Thalaivasal Taluk, Salem District.

2.The Inspector of Police, Rural Police Station, Attur, Salem District.

3.K.Gunasekaran

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 1st respondent to survey the petitioner's agriculture land and fixed the boundary stones in adjacent side of my property comprised in Survey No.508/2A4, 508/2B & Patta No.2345 situated at Kattukottai Village, Thalaivasal Taluk, Salem District by passing order of the petitioner Online Payment and E-Challan dated 30.09.2024.

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For Petitioner :

Mr.T.Velu For Respondent - 1 :

Mr.A.Selvendran, Special Govt. Pleader For Respondent - 2 :

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 3rd respondent is dispensed with.

2. The relief sought in this writ petition is to direct the 1st respondent to survey the petitioner's agricultural land comprised in Survey Nos.508/2A4 & 508/2B situated at Kattukottai Village, Thalaivasal Taluk, Salem District (hereinafter referred to as "subject property") and fix the boundary stones in adjacent side of subject property by considering the petitioner's Online Application dated 30.09.2024.

3. Mr.A.Selvendran, learned Special Government Pleader appearing for 1st respondent submitted that 1st respondent would consider the 2/6

petitioner's Online Application dated 30.09.2024, within a time frame to be fixed by this Court.

3.1. It is further submitted by the learned Special Government Pleader for 1st respondent that in case, police protection is required for surveying the subject property, 1st respondent may be permitted to request 2nd respondent.

4. When the learned Special Government Pleader for 1st respondent made the above submission, Mr.R.Kishore Kumar, learned Government Advocate (Criminal Side) appearing for 2nd respondent submitted that if any request for police protection is made, adequate police protection would be granted.

5. The submissions made by the learned Special Government Pleader for 1st respondent as well as the learned Government Advocate (Criminal Side) for the 2nd respondent have been fairly conceded by the learned counsel for the petitioner.

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6. In view of the limited relief sought by the petitioner, this Court is inclined to dispose of this Writ Petition on the following terms: (i) The 1st respondent shall consider the petitioner's Online Application dated 30.09.2024, in accordance with law, after issuing notice to the petitioner, 3rd respondent, adjacent land owners 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 1st respondent to call for any document/conduct enquiry to satisfy itself of the petitioner's entitlement for requesting survey of subject property.

(iii) The 1st respondent shall complete the entire process within a period of eight 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 1st 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 1st respondent to request 2nd respondent, for providing police protection, if the same is required. If any such request is made, 2nd respondent shall provide adequate police protection for conducting survey in the subject property. No costs. 19.08.2025 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order To 1.The Tahsildar, Thalaivasal Taluk, Salem District.

2.The Inspector of Police, Rural Police Station, Attur, Salem District.

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MOHAMMED SHAFFIQ, J.

mrr 19.08.2025 6/6