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Madras High CourtWP/30903/2025disposed of

Saravanan v. The Tahsildar

2025-08-25Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Saravanan ... Petitioner Vs.

1. The Tahsildar, Uthangarai Taluk, Krishnagiri District.

2. The Taluk Surveyor, Uthangarai Taluk, Krishnagiri District.

3. The Inspector of Police, Singarapettai Police Station, Krishnagiri District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the respondents 1 & 2 to survey the land in Survey No.113/2B7, to an extent of 0.1.41 hectares, situated at Pavakkal Village, Uthangarai Taluk, Krishnagiri District along with the assistance of the third respondent.

For Petitioner :

Mr.J.Pradeep For Respondents :

Mr.P.Sathish Addl. Govt. Pleader for R1 & R2 Mr.R.Kishore Kumar Govt. Advocate (Crl.side) for R3

O R D E R

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking issuance of a writ of mandamus directing respondents 1 & 2 to conduct survey pursuant to the application submitted by petitioner on 29.07.2025.

3. It is submitted by learned counsel for petitioner that petitioner submitted an online application on 29.07.2025 to the concerned respondent seeking survey of the subject property comprised in Survey No.113/2B7, measuring an extent of 0.1.41 hectares, situated at Pavakkal Village, Uthangarai Taluk, Krishnagiri District by remitting appropriate fees. Since the same was not considered, the present writ petition has been filed before this Court.

4. At the outset, it is submitted by Mr.P.Sathish, learned Additional Government Pleader appearing for respondents 1 & 2 that they will consider petitioner's application and survey petitioner's land within a time frame to be fixed by this Court, which was agreed to by learned counsel for petitioner.

5. It is further submitted by learned Additional Government Pleader appearing for respondents 1 & 2 that in case Police protection is required, they would request third respondent. When this was pointed out, Mr.R.Kishore Kumar, learned Government Advocate (Crl.Side), appearing for third respondent would submit that if any such request is made, adequate Police protection will be granted.

6. In view of the limited relief that is prayed, this Court is inclined to dispose of the writ petition with following directions: i) The concerned respondent shall consider the application dated 29.07.2025 in accordance with law and conduct survey, after issuing notice

to 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 concerned respondent to call for any document/conduct enquiry, to satisfy itself of petitioner's entitlement for requesting survey of subject property. iii) It is open to the concerned respondent to request for Police protection before third respondent. If any such request is made, third respondent is directed to provide adequate Police protection for conducting the survey.

iv) The entire process shall be completed within a period of twelve weeks (12) from the date of uploading of web copy without waiting for the receipt of certified copy.

v) It is made clear that this Court has not expressed any view 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 petitioner and all other interested parties are left open.

7. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

25.08.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To

1. The Tahsildar, Uthangarai Taluk, Krishnagiri District.

2. The Taluk Surveyor, Uthangarai Taluk, Krishnagiri District.

3. The Inspector of Police, Singarapettai Police Station, Krishnagiri District.

MOHAMMED SHAFFIQ, J.

vji 25.08.2025