P.Rajendran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ P.Rajendran ... Petitioner Vs.

1. The District Collector, Office of the Collectorate, Salem District.

2. The Tahsildar, Office of Tahsildar, Gangavalli Taluk, Salem District.

3. The Head Surveyor, Office of the Tahsildar, Gangavalli Taluk, Salem District.

4. The Inspector of Police, Thammampatti Police Station, Salem District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the respondents 2 & 3 to measure the petitioner's property in Old Survey No.98/B, New Survey No.475/1 land to an extent of about 3050 1⁄4 sq.ft in Thammampatti Village,

Gangavalli Taluk, Salem District by disposing of the petitioner's online application dated 19.03.2024 vide Challan No.20240319004097. For Petitioner :

Mr.A.Rajakumar For Respondents :

Mr.A.Selvendran Spl. Govt. Pleader for R1 to R3 Mr.R.Kishore Kumar Govt. Advocate (Crl.side) for R4

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 2 & 3 to measure petitioner's land pursuant to the application submitted by him on 19.03.2024.

3. It is submitted by learned counsel for petitioner that petitioner submitted an online application on 19.03.2024 to the concerned respondent seeking to conduct survey in the subject property comprised in Old Survey No.98/B, New Survey No.475/1 measuring an extent of 3050 1⁄4 sq.ft

situated at Thammampatti Village, Gangavalli Taluk, Salem District by remitting appropriate fees. Since the same was not considered, present writ petition has been filed before this Court.

4. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader appearing for respondents 1 to 3 that they will consider petitioner's application and measure 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 Special Government Pleader appearing for respondents 1 to 3 that in case Police protection is required, they would request fourth respondent. When this was pointed out, Mr.R.Kishore Kumar, learned Government Advocate (Crl.Side), appearing for fourth 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 of petitioner dated 19.03.2024 in accordance with law and measure petitioner's land, 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 concerned respondent to call for any document/conduct enquiry, to satisfy itself of petitioner's entitlement for requesting measurement of subject property. iii) It is open to the concerned respondent to request for Police protection before fourth respondent. If any such request is made, fourth respondent is directed to provide adequate Police protection for measuring the subject property.

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 District Collector, Office of the Collectorate, Salem District.

2. The Tahsildar, Office of Tahsildar, Gangavalli Taluk, Salem District.

3. The Head Surveyor, Office of the Tahsildar, Gangavalli Taluk, Salem District.

4. The Inspector of Police, Thammampatti Police Station, Salem District.

MOHAMMED SHAFFIQ, J.

vji 25.08.2025