B.Venkatesan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.08.2025 Coram:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ B.Venkatesan

...Petitioner

Versus

1.The Tahsildar, O/o. The Tahsildar, Tiruvannamalai Taluk and District.

2.The Inspector of Police, Vanapuram Police Station, Vanapuram, Tiruvannamalai Taluk and District.

...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 land by virtue of my Online Application No.2025/0123/06/014021 dated 18.04.2025 and also directing the 2nd respondent to give protection at the time of surveying the land in Patta No.132 of Naachananthal Village, Tiruvannamalai Taluk and District by virtue of the Representation dated 30.04.2025. 1/6

For Petitioner :

Mr.S.Kumara Devan For Respondent - 1 :

Mr.P.Sathish, Additional Government 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.

2. The relief sought in this writ petition is to direct the 1st respondent to survey the land by considering the petitioner's Online Application No.2025/0123/06/014021 dated 18.04.2025 and also, to direct the 2nd respondent to give protection at the time of surveying the land comprised in Patta No.132 of Naachananthal Village, Tiruvannamalai Taluk and District (hereinafter referred to as "subject property") by considering the petitioner's Representation dated 30.04.2025.

3. Mr.P.Sathish, learned Additional Government Pleader appearing for 1st respondent submitted that 1st respondent would consider the 2/6

petitioner's Online Application dated 18.04.2025, within a time frame to be fixed by this Court.

3.1. It is further submitted by the learned Additional 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 Additional 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 Additional Government Pleader for 1st respondent as well as the learned Government Advocate (Criminal Side) for 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 18.04.2025, in accordance with law, after issuing notice to the petitioner, 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. 4/6

(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. 28.08.2025 mrr Index : Yes/No To 1.The Tahsildar, O/o. The Tahsildar, Tiruvannamalai Taluk and District.

2.The Inspector of Police, Vanapuram Police Station, Vanapuram, Tiruvannamalai Taluk and District.

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MOHAMMED SHAFFIQ, J.

mrr 28.08.2025 6/6