D.Jayasankar v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

1. D.Jayasankar

2. D.Deenadayalan ... Petitioner Vs.

1. The Tahsildar, Sholinganallur, Kancheepuram District.

2. The State of Tamil Nadu, Rep. by the Inspector of Police, S-7, Madipakkam Police Station, Keelkattalai, Chennai 600 117.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent to forthwith Survey and Fix Boundaries for the property of the petitioners in Plot No.1 and 1A, measuring 4,812 Square Feet in Old Survey No.124/1, Old Paimash No.1303/6, New Survey No.124/1D, situated at No.154, Madipakkam Village, Alandur Sub Registration District, then Chengalpattu District and now Chennai District, based on the Application of the petitioners dated 11.08.2025 with Police Protection.

For Petitioner(s) : Mr.K.Selvaraj For R1 : Mr.A.Selvendran Special Government Pleader For R2 : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/6

ORDER

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

2. The present writ petition is filed praying for a writ of mandamus, to direct the 1st respondent to survey and fix boundaries of petitioner's property comprised in Old Survey No.124/1, New Survey No.124/1D, Plot No.1 and 1-A, measuring an extent of 4,812 Square Feet, situated at Madipakkam Village, Alandur Sub Registration District, then Chengalpattu District and now Chennai District, based on the application of the petitioners dated 11.08.2025 with the aid of 2nd respondent.

3. It is submitted by the learned counsel for the petitioners that the 1st petitioner submitted an online application on 11.08.2025 before the 1st respondent, seeking to survey the above said petitioner's property and paid necessary charges. However, 1st petitioner's application was not considered by the 1st respondent till date. Aggrieved by the same the present writ petition has been filed before this Court. Further, the learned counsel for petitioners would request that adequate police protection may be provided at the time of survey. 2/6

4. The learned Special Government Pleader, Mr.A.Selvendran appearing for 1st respondent would submit that they would consider the 1st petitioner's application dated 11.08.2025 and conduct survey and fix boundaries of the subject property within a time frame to be fixed by this Court. The request for police protection would also be considered and appropriate orders would be passed by the 1st respondent, which was agreed to by the learned counsel for the petitioner.

4.1. It is further submitted by the learned Special Government Pleader that in case police protection is required they would request the 2nd respondent. When this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar appearing for the 2nd respondent would submit that if any such request is made, adequate police protection will be granted.

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

i) The 1st respondent shall consider the 1st petitioner's application dated 11.08.2025 in accordance with law, after issuing notice to petitioner, adjacent land owner and all other interested parties including rival claimants, if any. 3/6

ii) It is open to the 1st respondent to request for police protection before the 2nd respondent. If any such request is made the 2nd respondent is directed to provide adequate police protection for conducting the survey. iii) 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, to satisfy itself of petitioner's entitlement for requesting survey of subject property.

iv) 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.

v) 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 in accordance with law. Rights and contentions of the petitioner and all other interested parties are left open. No costs.

28.08.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp 4/6

To:

1. The Tahsildar, Sholinganallur, Kancheepuram District.

2. The State of Tamil Nadu, Rep. by the Inspector of Police, S-7, Madipakkam Police Station, Keelkattalai, Chennai 600 117.

5/6

MOHAMMED SHAFFIQ, J.

spp 28.08.2025 6/6