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Madras High CourtWP/41061/2025disposed of

Palanivel v. The District Collector

2025-11-04Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-11-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. PALANIVEL S/o. Thangavel, No.1/28, Middle Street, Edaisorukal Village, Thittakudi Taluk, Cuddalore Petitioner(s) Vs

1. The District Collector O/o. District Collector, Cuddalore 2.The Tasildhar O/o. Thittakudi Tasildhar, 3.The Inspector Of Police Thittakudi Police Station, 4.Kolanchi S/o. Venkadachalam, No.1/28,

5.SELVARASU S/o. Maheswari, No.1/28, Middle Street, Edaisorukal Village, 6.SHANTHI W/o. Arumugam, No.1/28, Middle Street, Edaisorukal Village, 7.VENKADEASAN S/o. Kirshnasamy, No.1/28, Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus directing the 1st and 2nd Respondent to survey the property bearing S.No.4/12A2, 4/12A3, 4/12A4, 4/12B1 situated at Idaicheruhuvai Village, Thittakudi Taluk, Cuddalore District in pursuant of Challan No.2025/0123/18/015005 dated 29.08.2025 and consequently directed the 3rd Respondent to provide the adequate Police Protection at the time of the Survey the property by the 2nd Respondent and pass orders.

For Petitioner(s): M/s.

P.Muthamizhselvakumar For Respondent:

Mr.P.Ganesan Government Advocate for R1 and R2 Mr.L.Baskaran Government

Advocate[Crl.side] for R3

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the respondents in particular the 2nd respondent to act upon the application submitted by the petitioner on 29.08.2022 wherein the petitioner has sought for the survey of the subject property and for laying the boundary stones.

2.

Heard Mr.P.Muthamizhselvakumar, learned counsel for the petitioner and MR.P.Ganesan, learned Government Advocate for respondents 1 and 2 and Mr.L.Baskaran, learned Government Advocate[Crl. Side] for 3rd respondent.

3.

The case of the petitioner is that he is the owner of the subject property by virtue of a registered sale deed dated 22.12.2006 registered as document No.1603 of 2006. Thereafter, the remaining portion of the property was purchased by the petitioner by virtue of a registered sale deed dated 23.05.2025 registered as document No.837 of 2025. The patta was also issued to the petitioner in Patta No.5988 and a joint patta was issued in patta Nos,5955, 5830, 5956 and 456. The petitioner wanted a survey to be conducted in the subject property for fixing the boundaries and hence, submitted the

application on 29.08.2025 after paying the necessary charges. It is under these circumstances, the present writ petition has been filed before this Court.

4.

Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the 2nd respondent to act upon the application submitted by the petitioner and to conduct the survey based on the title documents of the petitioner and the patta which has already been issued in the name of the petitioner and complete the said process within a period of four weeks from the date of receipt of a copy of this order. Since the private respondents are objecting, such survey shall be conducted in their presence. If required, police protection can be sought for by the 2nd respondent from the 3rd respondent. 5.

This writ petition is disposed of with the above directions. No costs.

04-11-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector O/o. District Collector, Cuddalore 2.The Thasildhar O/o. Thittakudi Tasildhar, 3.The Inspector Of Police Thittakudi Police Station, 4.KOLANCHI S/o. Venkadachalam, No.1/28, 5.SELVARASU S/o. Maheswari, No.1/28, Middle Street, Edaisorukal Village, 6.SHANTHI W/o. Arumugam, No.1/28, Middle Street, Edaisorukal Village, 7.VENKADEASAN S/o. Kirshnasamy, No.1/28,

N.ANAND VENKATESH J.

rka WP No. 41061 of 04-11-2025