Selvakumar v. The Thasildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.31694 of 2025 Selvakumar

...Petitioner(s)

vs.

1.The Thasildar, Pappireddipatti Circle, Ph:944000535, Dharmapuri District-636 905.

2.The Taluk Head Surveyor, Taluk Office, Pappireddipatti Circle, Dharmapuri District-636 905.

3.Inspector of Police, Pappireddipatti Police Station, Bommudi Pappireddipatti Road, Pappireddipatti, Dharmapuri District-636 905.

4.Pannerselvam

...Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the 1st and 2nd respondent to act upon the petitioner's application dated 18.07.2023 and conduct the survey of the land admeasuring an extent of 5 cents (0-2.00 area hectares/ares) comprised in Survey No.135/29B2, situated in Venkatasamudram Village, Pappireddipatti Taluk, Dharmapuri District and demarcate the boundaries by availing the assistance of the 3rd respondent in the event of any obstruction from the 4th respondent and erect barbed fencing at the cost of the petitioner based on 1/6

petitioner's representation dated 14.08.2025. For Petitioner(s) : Mr.R.Gireeshvaran For Respondent(s) : Mr.P.Sathish 1 and 2 Additional Government Pleader For R3 : Mr.R.Kishore Kumar Government Advocate (Crl.Side)

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 4th Respondent is dispensed with.

2. The present writ petition is filed praying for a writ of Mandamus to direct the 1st and 2nd respondent to act upon petitioner's application dated 18.07.2023 and conduct survey of the land comprised in Survey No.135/29B2 and demarcate boundaries by availing assistance of 3rd respondent in the event of any obstruction from 4th respondent.

3. It is submitted by the learned counsel for petitioner that petitioner submitted a representation to respondents 1 and 2 on 14.08.2025 seeking survey of the property comprised in Survey No.135/29B2, measuring an extent of 5 cents (0-2.00 area hectares/ares)situated in Venkatasamudram Village, 2/6

Pappireddipatti Taluk, Dharmapuri District. It is stated that the same has not been considered by the respondents till date. Aggrieved, petitioner has filed the present writ petition.

4. At the outset, it is submitted by Mr.P.Sathish, learned Additional Government Pleader for respondents 1 and 2 that petitioner's representation seeking survey of subject property would be considered and appropriate orders would be passed on merits after issuing notice and affording reasonable opportunity of hearing to the petitioner, 4th respondent, adjacent land owners and other interested parties within a time frame to be fixed by this Court. Agreed to by the learned counsel for petitioner.

5. Mr.R.Kishore Kumar, learned Government Advocate (Crl. Side) appearing for respondent 3 would submit that if any request for police protection is made, adequate protection would be provided for carrying out survey.

6. In view thereof, the writ petition stands disposed of with the following directions:

i) The respondents shall consider the representation dated 14.08.2025 in accordance with law, after issuing notice and affording a reasonable opportunity 3/6

of hearing to the petitioner, 4th respondent, adjacent land owners and all other interested parties including rival claimants, if any. The concerned authority shall seek police protection, if required. If any such protection is sought for, adequate protection shall be extended by 3rd respondent for carrying out survey. 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 to call for any document/conduct enquiry, if any, while considering the representation dated 14.08.2025.

iii) The entire process shall be completed within a period of 12 weeks from the date of uploading of web copy without waiting for the receipt of certified copy.

iv) It is made clear that this Court has not expressed any views 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 pass appropriate orders in accordance with law. Rights and contentions of the petitioner and all other interested parties are left open. No costs.

21.08.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6

To:

1.The Thasildar, Pappireddipatti Circle, Ph:944000535, Dharmapuri District-636 905.

2.The Taluk Head Surveyor, Taluk Office, Pappireddipatti Circle, Dharmapuri District-636 905.

3.Inspector of Police, Pappireddipatti Police Station, Bommudi Pappireddipatti Road, Pappireddipatti, Dharmapuri District-636 905.

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MOHAMMED SHAFFIQ, J.

mka W.P. No.31694 of 2025 21.08.2025 6/6