Madras High CourtWP/30786/2025disposed of

J.Diwakar v. The District Collector

2025-08-25Honourable Mr.Justice Mohammed Shaffiq8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ J.Diwakar ... Petitioner Vs.

1. The District Collector, Tiruvallur District.

2. The Sub Collector, Tiruvallur, Tiruvallur District.

3. The District Revenue Officer, Tiruvallur, Tiruvallur District.

4. The Revenue Divisional Officer, Tiruvallur, Tiruvallur District.

5. The Tahsildar, Ponneri Taluk, Tiruvallur District.

6. The District Head Surveyor, Ponneri Taluk, Tiruvallur District.

7. The Ferka Surveyor, Ponneri Taluk, Tiruvallur District.

8. The Assistant Commissioner of Police, Redhills Range, No.1, 172A, GNT Road, Redhills, Padiyanallur - 52.

9. The Inspector of Police, M-4, Redhills Police Station, No.1, 172, GNT Road, Redhills, Padiyanallur - 52.

10. V.Dinesh ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the respondents 1 to 7 to proceed to measure the Survey Field No.158/4B1 and 158/4B2 in Padiayanallur Village, Thiruvallur District so as to install the survey stones indicating the boundaries of the said survey numbers in accordance to the grant of patta in the name of petitioner and in the event of interference of strangers to avoid law and order issue and direct the respondents 8 & 9 assist in the processa.

For Petitioner :

Mr.T.Balachandran For Respondents :

Mr.P.Sathish Addl. Govt. Pleader for R1 to R7 Mr.R.Kishore Kumar Govt. Advocate (Crl.side) - R8& R9

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. Since no adverse order is going to be passed, notice to 10th respondent is dispensed with.

2. This writ petition has been filed seeking issuance of a writ of mandamus directing respondents 1 to 7 to conduct survey pursuant to the application submitted by petitioner on 16.06.2025.

3. It is submitted by learned counsel for petitioner that petitioner submitted an online application on 16.06.2025 to respondents seeking survey of the subject property comprised in Survey No.158/4B1, measuring an extent of 20 1⁄2 cents, situated at Padiyanallur Village, Ponneri Taluk, Thiruvallur District and paid 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 to 7 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 to 7 that in case Police protection is required, they would request 9th respondent. When this was pointed out, Mr.R.Kishore Kumar, learned Government Advocate (Crl.Side), appearing for respondents 8 & 9 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 16.06.2025 in accordance with law and conduct survey, after issuing notice

to petitioner, 10th respondent, 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 9th respondent. If any such request is made, 9th respondent is directed to provide adequate Police protection for conducting the survey. iv) The entire process shall be completed within a period of four weeks 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 (1/2) NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji