Sivagami v. The Tashildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Sivagami ... Petitioner Vs.

1. The Tahsildhar, Karimangalam Taluk, Dharmapuri District.

2. The Taluk Head Surveyor, Karimangalam Taluk, Dharmapuri District.

3. Madhu

4. Madhammal

5. Nagarani

6. Murugan

7. Inspector of Police, Karimangalam Police Station, Karimangalam Taluk, Dharmapuri District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st and 2nd respondent to survey the land of the petitioner in S.Nos.566, 567/2, 584/5A, total an extent of 4 1/6

acres 54 cents in Mallikuttai Village, Karimangalam Taluk, Dharmapuri District with the aid and help of 7th respondent Police, based on the application of the petitioner dated 26.07.2025.

For Petitioner(s) : Mr.M.R.Elavarasan For R1 and R2 : Mr.A.Selvendran Special Government Pleader For R7 : 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 the respondents 3 to 6 is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus, to direct the 1st and 2nd respondent to survey petitioner's land comprised in Survey Nos.566, 567/2, 584/5A, measuring an extent of 4 acres 54 cents, situated at Mallikuttai Village, Karimangalam Taluk, Dharmapuri District with the aid of 7th respondent based on the application of the petitioner dated 26.07.2025. 2/6

3. It is submitted by the learned counsel for the petitioner that the petitioner submitted an online application on 26.07.2025, seeking to survey petitioner's property comprised in Survey Nos.566, 567/2, 584/5A, measuring an extent of 4 acres 54 cents, situated at Mallikuttai Village, Karimangalam Taluk, Dharmapuri District, and paid necessary charges. However, petitioner's application was not considered by the respondents till date. Aggrieved by the same the present writ petition has been filed before this Court. Further, the learned counsel for the petitioner would request that adequate police protection may be provided at the time of survey.

4. The learned Special Government Pleader, Mr.A.Selvendran appearing for the Respondent No.1 and 2 would submit that they would consider the petitioner's application dated 26.07.2025 and conduct survey 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 and 2nd 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 7th respondent. When this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar 3/6

appearing for the Respondent No.7 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 following directions:

i) The respondents shall consider the applications dated 26.07.2025 in accordance with law, after issuing notice to petitioner, respondents 3 to 6, adjacent land owners and all other interested parties including rival claimants, if any.

ii) It is open to the 1st and 2nd respondent to request for police protection before the 7th respondent. If any such request is made the 7th 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.

4/6

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 To:

1. The Tahsildhar, Karimangalam Taluk, Dharmapuri District.

2. The Taluk Head Surveyor, Karimangalam Taluk, Dharmapuri District.

3. Inspector of Police, Karimangalam Police Station, Karimangalam Taluk, Dharmapuri District.

5/6

MOHAMMED SHAFFIQ, J.

spp 28.08.2025 6/6