N.Mugilvannan v. The Tahsidlar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.08.2025 Coram:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ N.Mugilvannan

...Petitioner

Versus

1.The Tahsildar, Thiruvennainallur Taluk, Villupuram District.

2.The Taluk Surveyor, Thiruvennainallur Taluk, Villupuram.

3.The Inspector of Police, Thiruvennainallur Police Station, Villupuram District.

4.Neela Kandan

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 1 and 2 to measure Punja lands comprised in Survey No.36/6B1 measuring an extent of 00.20 Cents i.e., 0.32.29 Hectares situated at Anaivari Village, Thiruvennainallur Taluk, Villupuram District with the assistance of the 3rd respondent, within a reasonable period of time as may be stipulated by this Court.

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For Petitioner :

Mr.P.Krishnamurthy For Respondents - 1 & 2:

Mr.S.Balamurugan, Government Advocate For Respondent - 3 :

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 4th respondent is dispensed with.

2. The relief sought in this writ petition is to direct the respondents 1 & 2 to measure the Punja lands comprised in Survey No.36/6B1 measuring an extent of 00.20 Cents i.e., 0.32.29 Hectares situated at Anaivari Village, Thiruvennainallur Taluk, Villupuram District (hereinafter referred to as "subject property") with the assistance of 3rd respondent, within a reasonable period of time as may be stipulated by this Court.

3. Mr.P.Krishnamurthy, learned counsel for the petitioner submitted that the petitioner submitted an Application before the respondents 1 & 2, 2/7

for conducting survey in the subject property, pursuant to which, the Revenue Officials had visited the subject property to conduct survey, but, the younger brother of petitioner's father (4th respondent) had obstructed the Revenue Officials from surveying in the subject property. It is further submitted that once again, the petitioner submitted an Online Application dated 21.07.2025 for conducting survey in the subject property and he also paid the necessary fees for the same, but, till date, the respondents 1 & 2 have not taken any steps to conduct survey in the subject property. Hence, the petitioner has filed the present writ petition for the aforesaid relief.

4. Mr.S.Balamurugan, learned Government Advocate appearing for the respondents 1 & 2 submitted that respondents 1 & 2 would consider the petitioner's Online Application dated 21.07.2025, within a time frame to be fixed by this Court.

4.1. It is further submitted by the learned Government Advocate for the respondents 1 & 2 that in case, police protection is required for surveying the subject property, respondents 1 & 2 may be permitted to request 3rd respondent.

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5. When the learned Government Advocate for the respondents 1 & 2 made the above submission, Mr.R.Kishore Kumar, learned Government Advocate (Criminal Side) appearing for 3rd respondent submitted that if any request for police protection is made, adequate police protection would be granted.

6. The submissions made by the learned Government Advocate for the respondents 1 & 2 as well as the learned Government Advocate (Criminal Side) for the 3rd 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 on the following terms: (i) The respondents 1 & 2 shall consider the petitioner's Online Application dated 21.07.2025, in accordance with law, after issuing notice to the petitioner, 4th 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 the 4/7

respondents 1 & 2 to call for any document/conduct enquiry to satisfy itself of the petitioner's entitlement for requesting survey of subject property. (iii) The respondents 1 & 2 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 the respondents 1 & 2 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 & 2 to request 3rd respondent, for providing police protection, if the same is required. If any such request is made, 3rd 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 5/7

To 1.The Tahsildar, Thiruvennainallur Taluk, Villupuram District.

2.The Taluk Surveyor, Thiruvennainallur Taluk, Villupuram.

3.The Inspector of Police, Thiruvennainallur Police Station, Villupuram District.

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MOHAMMED SHAFFIQ, J.

mrr 19.08.2025 7/7