Venkatachalam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2025

CORAM

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

1.The District Collector, Dharmapuri, Dharmapuri District.

2.The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

3.The Tahsildar, Dharmapuri Taluk, Dharmapuri District.

4.The Taluk Head Surveyor, Dharmapuri Taluk, Dharmapuri District.

5.Jayaraman

6.The Inspector of Police, Bommidi Police Station, Dharmapuri District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, directing the respondents 1 to 4 to survey the land of the petitioner in S.Nos.58/1H1, 58/1H2, 58/1G2 and 58/1I2 to an extent of 0-19.43, 0-4.07, 0-11.00 and 0-7.50 Hectares respectively, situated at Kukkalmalai Revenue Village, Dharmapuri Taluk, Dharmapuri District with the aid and help of 6th respondent Police, based on the application of the petitioner dated 07.04.2025. For Petitioner :

Mr.M.R.Elavarasan For Respondents :

Mr.P.Sathish Addl. Govt. Pleader for R1 to R4 Mr.R.Kishore Kumar Govt. Advocate (Crl. Side) for R6

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents 1 & 4 to act upon the application submitted by the petitioner dated 07.04.2025, requesting for survey, with respect to the in S.Nos.58/1H1, 58/1H2, 58/1G2 and 58/1I2, measuring an extent of 0-19.48, 0-4.07, 0-11.00 and 0-7.50 hectares, situated at

Kukkalmalai Revenue Village, Dharmapuri Taluk, Dharmapuri District with police protection.

2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. Since no adverse order is going to be passed, notice to the 5th respondent is dispensed with.

3. The case of the petitioner is that the petitioner is the absolute owner of the property and the petitioner along with his family members are in possession and enjoyment of the subject property. He would submit that the petitioner is having valid title over the the property and revenue records were mutated in the name of the petitioner. Under such circumstances, the petitioner submitted application for conducting survey of the subject property on 07.04.2025 and since there was some resistance from the 5th respondent, police protection was sought for. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate direction.

4. At the outset, it is submitted by Mr.P.Sathish, learned Additional Government Pleader for respondents 1 to 4 that they will consider the petitioner's application and measure the petitioner's land and survey the same within a period of sixteen weeks from the date of receipt of a copy of this order, which was agreed to by the learned counsel for petitioner.

5. It is further submitted by the learned Additional Government Pleader that in case Police protection is required, respondents 1 to 4 would request third respondent. When this was pointed out, the learned Government Advocate, appearing for 6th respondent would submit that if any such request is made, adequate police protection will be granted.

6. In view thereof, this Writ Petition stands disposed of with a direction to respondents 1 to 4 to consider the petitioner's application dated 07.04.2025 and carry out survey and measure the petitioner's land property and pass appropriate orders after putting the petitioner, adjacent land owners

and any other rival claimants if any on notice within a period of eight weeks from the date of receipt of a copy of this order. It is open to the respondents 1 to 4 to request for police protection before the 6th respondent. If any such request is made, 6th respondent is directed to provide adequate police protection for conducting the survey. 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 case on its own merits and in accordance with law. No costs.

25.08.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No kkn To 1.The District Collector,

Dharmapuri, Dharmapuri District.

2.The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

3.The Tahsildar, Dharmapuri Taluk, Dharmapuri District.

4.The Taluk Head Surveyor, Dharmapuri Taluk, Dharmapuri District.

MOHAMMED SHAFFIQ, J.

KKN 25.08.2025