Madras High CourtWP/31447/2025disposed of

N.Venkataraman v. The State Of Tamil Nadu

2025-08-25Honourable Mr.Justice Mohammed Shaffiq7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No. 31447 of 2025 N.Venkataraman ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. By the Secretary, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.

2.The District Collector, Kallakurichi District.

3.The Revenue Divisional Officer, Kallakurichi, Kallakurichi District.

4.The Tahsildar, Chinnasalem, Kallakurichi District.

5.Taluk Inspector of Survey, R.D.O's office, Chinnasalem, Kallakurichi District.

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6.Grama General Welfare Sangam, Rep. By its Secretary, Kamaraj Nagar, Kachirapalayam, Chinnasalem, Kallakurichi District.

7.The Superintendent of Police, Kallakurichi.

... Respondents (suo motu impleaded vide order dated 25.08.2025 by MSQJ) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 4th respondent relating to O.Mu.a 6/780/2025 dated 28.05.2025 on his file, quash the same and direct respondents 4 to 5 to survey the 5 cents of land of the petitioner in S.No.445/2C4 in Vadakkananthal Village, Chinnasalem Taluk, Kallakurichi District and mark the petitioner's land with survey stones as per the petitioner's representation dated 04.07.2025. For Petitioner(s) : Mrs.Hema Sampath, Senior Counsel for Mrs.R.Meenal For Respondent(s) : Mr.P.Sathish Addl. Government Pleader R1 to R5.

Mr.R.Kishore Kumar Government Advocate (Crl. Side) for R7

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. Since the Police protection is necessary to conduct survey in this writ 2/7

petition, this Court suo motu implead the Superintendent of Police, Kallakurichi as 7th respondent. Registry is directed to carry out amendment.

3. Mr.P.Sathish, learned Additional Government Pleader takes notice for the respondents 1 to 5 and Mr.R.Kishore Kumar, Government Advocate (Crl. Side) appears for the newly added respondent no.7. 4.The present writ petition is filed praying for a writ of mandamus calling for the records of the 4th respondent relating to O.Mu.a 6/780/2025 dated 28.05.2025, quash the same and direct respondents 4 to 5 to survey 5 cents of land of the petitioner in S.No.445/2C4 in Vadakkananthal Village, Chinnasalem Taluk, Kallakurichi District and mark petitioner's land with survey stones as per the petitioner's representation dated 04.07.2025.

5. The learned Senior Counsel appearing for the petitioner would submit that the only reason for rejecting the petitioner's request for survey is the objection raised by the members of the 6th respondent / Sangham. She would submit that pursuant to the petitioner's earlier request for survey, an enquiry had in fact been conducted after issuing notice to both petitioner and 6th respondent. Pursuant to such enquiry, 4th respondent proceeded to conduct survey. However, 3/7

during the course of the said survey there was some resistance from members of 6th respondent, as a result, survey could not be completed. Thereafter, an impugned order came to be passed stating that the survey could not be carried out in view of the response of the 6th respondent/Sangham members. It is further submitted by the learned counsel for the petitioner that for the purpose of measuring the subject property, the petitioner has submitted a representation to the respondents on 04.07.2025 and has also paid necessary fees.

6. Learned Additional Government Pleader appearing for respondents 1 to 5 would submit that during the enquiry conducted by respondent, there was resistance from the 6th respondent/Sangham members. He would submit that they would proceed to conduct the survey after obtaining adequate police protection. It is further submitted that respondents will consider the petitioner's representation dated 04.07.2025 and carry out a survey and place boundary stones at the subject property within a period of twelve weeks, which was agreed to by the learned counsel for the petitioner. It is further submitted by the learned Additional Government Pleader that in case Police protection is required, respondents 1 to 5 would request 7th respondent.

7. In view thereof, this Writ Petition stands disposed of with a direction to 4/7

the concerned respondent to consider the petitioner's representation dated 04.07.2025 and carry out survey and measure the petitioner's land by fixing a boundary stones and pass appropriate orders after putting the petitioner, 6th respondent, and any other rival claimants if any on notice within a period of twelve weeks from the date of uploading of the web copy order without waiting for receipt of the certified copy. It is open to the respondents 1 to 5 to request for police protection before the 7th respondent. If any such request is made, 7th 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 Speaking (or) Non Speaking Order Index : Yes/ No kkn Note:- Registry is directed to carry out necessary amendment in the cause title.

To:

1.The Secretary, 5/7

State of Tamil Nadu, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.