Veerabathiran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Veerabathiran ... Petitioner Vs.
1.The District Collector, Kallakurichi District.
2.The Revenue Divisional Officer, Thirukoilur, Ulundurpet.
3.The Tashildar, Ulundurpet Taluk, Kallakurichi District.
4.The Surveyor, Ulundurpet, Kallakurichi District.
5.The Inspector of Police, Thiyagathurgam Police Station, Kallakurichi District.
... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, directing the 4th respondent to survey the land at Survey No.123/1A2 measuring an extent of 2.74 1⁄2 cents Mannarkudi, Nagar Village, Ulundurpettai, Kallakurichi and further direct the 2nd respondent to make necessary changes in the FMB sketch. For Petitioner :
Ms.M.Miruthula For Respondents :
Mr.P.Sathish Addl. Govt. Pleader for R1 to R4 Mr.R.Kishore Kumar Govt. Advocate (Crl. Side) for R5
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus, directing the 4th respondent to survey the land at Survey No.123/1A2 measuring an extent of 2.74 1⁄2 cents Mannarkudi, Nagar Village, Ulundurpettai, Kallakurichi and further direct the 2nd respondent to make necessary changes in the FMB sketch.
2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
3. The learned counsel appearing for the petitioner would submit that they would not press the second part of the prayer namely, for a direction to the 2nd respondent to make necessary changes in the FMB sketch by conducting survey of the subject property and seek liberty of this Court to raise the question of modification in the FMB Sketch by way of an independent writ petition. In view thereof, it is recorded that the second part of the prayer is given up by the petitioner and liberty is granted to the petitioner to raise the question of modification in the FMB sketch by way of an independent writ petition.
4. The case of the petitioner is that the petitioner's parents were owning the subject land and subsequently, they executed a settlement deed in favour of the petitioner on 11.08.2023 vide Document No.2865/2023. He would further submit that the revenue records also got mutated in the name of the petitioner. Under such circumstances, the petitioner submitted an online application for conducting survey of the subject property on 24.01.2025 & 29.04.2025 and paid necessary fees to measure the subject
property. Since the same was not acted upon, the present writ petition has been filed before this Court seeking for appropriate direction.
5. At the outset, it is submitted by Mr.P.Sathish, learned Additional Government Pleader for respondents 1 to 4 that they will consider the petitioner's online application and measure petitioner's land and survey the same within a period of sixteen weeks from the date of receipt of a copy of this order, which was agreed to by the learned counsel for petitioner.
6. It is further submitted by the learned Additional Government Pleader that in case Police protection is required, respondents 1 to 4 would request 5th respondent. When this was pointed out, the learned Government Advocate, appearing for 5th respondent would submit that if any such request is made, adequate police protection will be granted.
7. In view thereof, this Writ Petition stands disposed of with a direction to the 4th respondent to consider the petitioner's online applications
dated 24.01.2025 & 29.04.2025 and carry out survey and measure the petitioner's land and pass appropriate orders after putting the petitioner, adjacent land owners and any other rival claimants if any on notice within a period of sixteen weeks from the date of uploading of the web copy order without waiting for certified copy. It is open to the respondents 1 to 4 to request for police protection before the 5th respondent. If any such request is made, 5th 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 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No kkn To:
1.The District Collector, Kallakurichi District.
2.The Revenue Divisional Officer, Thirukoilur, Ulundurpet.
3.The Tashildar, Ulundurpet Taluk, Kallakurichi District.
4.The Surveyor, Ulundurpet, Kallakurichi District.
5.The Inspector of Police, Thiyagathurgam Police Station, Kallakurichi District.
MOHAMMED SHAFFIQ, J.
KKN 25.08.2025