Sathish Kumar v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Sathish Kumar ... Petitioner Vs

1. The Tahsildar Mettur Taluk, Salem district.

2. The Inspector of Police, Karumalaikoodal Police Station, Salem district.

3. Chidhambaram

4. Chellammal

5. Mohan Raj

6. Rangaraj

7. Sudha ... Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of mandamus to direct the 1st respondent to survey and point out the field boundaries of the petitioner's property comprised in Old Survey No.727/5D, New Survey No.727/5D2 at Konoor East Village, Mettur Taluk, Salem district to an extent of 15 cents by fixing stones along with police aid of the 2nd respondent for survey and also setting up the fencing to the petitioner's mentioned property of representation dated 26.07.2025.

For the Petitioner : Mr.S.Krishnamoorthy For the Respondents : Mr.A.Selvendran Special Government Pleader for R1 Mr.R.Kishore Kumar Govt. Advocate (Crl.side) for R2

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 and also the limited relief that is sought to be granted, notice to respondent Nos.3 to 7 is dispensed with. 2/6

2. The present writ petition is filed praying for a writ of mandamus to direct first respondent to survey and point out the field boundaries of petitioner's property comprised in Old Survey No.727/5D, New Survey No.727/5D2 measuring an extent of 15 cents situated at Konoor East Village, Mettur Taluk, Salem district by fixing stones along with police aid of the 2nd respondent for survey and also setting up fencing in the subject property on the basis of representation dated 26.07.2025.

3. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader for first respondent that the representation dated 26.07.2025 submitted by the petitioner would be considered and appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.

4. It is further submitted by the learned Special Government Pleader that in case police protection is required they would request the second respondent. When this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar (Criminal Side) appearing for second respondent 3/6

would submit that if any such request is made adequate police protection will be granted.

5. In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions: i) The respondent shall consider the application dated 26.07.2025 in accordance with law, after issuing notice to petitioner, respondents 3 to 7 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 respondent to call for any document/conduct enquiry to satisfy itself of the petitioner's entitlement for requesting survey of subject property. iii) The entire process shall be completed/appropriate orders passed within a period of eight (8) weeks from the date of uploading of web copy without waiting for the receipt of certified copy. iv) If any request is made by first respondent for police protection, the second respondent is directed to provide adequate police protection for 4/6

conducting survey.

v) 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 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.

7. Accordingly, the writ petition stands disposed of. There will be no order as to costs.

20.08.2025 Index : Yes/No mrn To:

1. The Tahsildar Mettur Taluk, Salem district.

2. The Inspector of Police, Karumalaikoodal Police Station, Salem district.

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MOHAMMED SHAFFIQ, J.

(mrn) 20.08.2025 6/6