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Madras High CourtWP/32621/2025disposed of

Govindharaj v. The District Collector

2025-08-29Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Govindharaj : Petitioner Vs.

1.The District Collector, District Collector Office, Salem District 2.The Tahsildar, Omalur Taluk, Salem District 3.The Head Land Surveyor, Omalur Taluk Office, Salem District 4.The Village Administrative Officer, Ramireddypatty Village, Omalur Taluk, Salem District 5.The Inspector of Police, Tharamangalam Police Station, Omalur Taluk, Salem District 6.Thangavel 7.Murali : Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the respondents 2 to 4 to measure and fix boundaries for the land comprised in Survey No.169/2 and 169/3 totally to an extent of 1.64 Acres if land situated at Ramireddypatti Village, Omalur Taluk, Salem District by considering the petitioner's online application dated 12.08.2025 within a time limit and also direct the 5th Respondent to provide the necessary protection for the same.

For Petitioner :

Ms.G.Ambika For Respondents :

Mr.P.Sathish, Additional Government Pleader, for respondents 1 to 4 Mr.R.Kishore Kumar, Government Advocate (Crl.Side) for 5th respondent

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.6 and 7 is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus to direct respondents 2 to 4 to measure and fix boundaries with respect to land comprised in 2/6

Survey Nos.169/2 and 169/3 measuring a total extent of 1.64 Acres situated at Ramireddypatti Village, Omalur Taluk, Salem District by considering the petitioner's online application dated 12.08.2025 and also direct the 5th Respondent to provide the necessary protection for the same, within a time frame fixed by this Court.

3. At the outset, it is submitted by Mr.P.Sathish, learned Additional Government Pleader for respondents 1 to 4 that the application dated 12.08.2025 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 Additional Government Pleader that in case police protection is required they would request the fifth respondent. When this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar appearing for the fifth respondent would submit that if any such request is made adequate police protection will be granted.

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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 respondents 2 to 4 shall consider the application dated 12.08.2025 in accordance with law, after issuing notice to the petitioner, respondents 6 and 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 respondents 2 to 4 to call for any document/conduct enquiry to satisfy itself of the petitioner's entitlement for requesting survey of subject property. iii) If any such request is made by the respondents 2 to 4 for police protection, the fifth respondent is directed to provide adequate police protection for conducting the survey.

iv) The entire process shall be completed within a period of twelve (12) 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 views with regard to 4/6

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 the petitioner and all other interested parties are left open.

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

29.08.2025 Speaking (or) Non Speaking Order mrn To 1.The District Collector, District Collector Office, Salem District 2.The Tahsildar, Omalur Taluk, Salem District 3.The Head Land Surveyor, Omalur Taluk Office, Salem District 4.The Village Administrative Officer, Ramireddypatty Village, Omalur Taluk, Salem District 5.The Inspector of Police, Tharamangalam Police Station, Omalur Taluk, Salem District 5/6

MOHAMMED SHAFFIQ, J.

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