Subramaniyam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No. 32167 of 2025 Subramaniyam ... Petitioner Vs.

1.The District Collector, Namakkal District, Namakkal.

2.The Tahsildar, Tiruchengode Taluk, Namakkal District.

3.The Head Surveyor, Tiruchengode Taluk, Namakkal District.

4.The Station House Officer, Mallasamuthiram Police Station, Namakkal District.

5.Selvamurugesan 6.Thangarasu 7.Kannan ... Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to survey and measure petitioner's field boundaries by fixing a boundary stones for the properties comprised in S.Nos. 55/4A, 55/5, 55/3C, 55/1 situated at Mallasamuthiram Keezmugam Village, Tiruchengode Taluk, Namakkal District with 4th respondent's police aid pursuant to my online application vide No.2025/0123/09/004962 dated 16.07.2025.

For Petitioner(s) : Mr.M.Subash For Respondent(s) : Mr.A.Selvendran Special Government Pleader R1 to R4

ORDER

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 respondents 5 to 7 is dispensed with. 2.The present writ petition is filed praying for a writ of mandamus directing 2nd and 3rd respondents to survey and measure petitioner's field boundaries by fixing a boundary stones in respect of the properties comprised in S.Nos. 55/4A, 55/5, 55/3C, 55/1 situated at Mallasamuthiram Keezmugam Village, Tiruchengode Taluk, Namakkal District with 4th respondent's police aid 2/6

pursuant to the petitioner's online application vide No.2025/0123/09/004962 dated 16.07.2025.

3. It is submitted by the learned counsel for petitioner that for measuring the subject property, petitioner has submitted an online application to 2nd respondent on 16.07.2025 and has also paid necessary fees. He would further submit that he has also made a representation on 16.08.2025 to the 4th respondent to provide necessary police protection. However, petitioner's online application and representation was not considered by the 2nd respondent till date, thus, the present writ petition has been filed before this Court.

4. On this being pointed out, the learned Special Government Pleader would submit that they would consider the petitioner's online application dated 16.07.2025 and carry out a survey and place boundary stones in the subject property within a time frame fixed by this Court, which was agreed to by the learned counsel for the petitioner. It is further submitted by the learned Special Government Pleader that in case Police protection is required, respondents 1 to 3 would request 4th respondent.

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5. In view thereof, this Writ Petition stands disposed of with a direction to the concerned respondent to consider petitioner's online application dated 16.07.2025 and carry out survey and measure petitioner's land by fixing a boundary stones and pass appropriate orders after putting the petitioner, respondents 5 to 7, adjacent land owners 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 3 to request for police protection before the 4th respondent. If any such request is made, 4th 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 4/6

To:

1.The District Collector, Namakkal District, Namakkal.

2.The Tahsildar, Tiruchengode Taluk, Namakkal District.

3.The Head Surveyor, Tiruchengode Taluk, Namakkal District.

4.The Station House Officer, Mallasamuthiram Police Station, Namakkal District.

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MOHAMMED SHAFFIQ, J.

KKN W.P. No. 32167 of 2025 25.08.2025 6/6