Madras High CourtWP/39869/2025disposed of

Aadhavan Kalathinathan v. The District Collector

2025-10-27Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.10.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.Aadhavan Kalathinathan S/o.K.R.Kalathinathan 2.Rino Yashana Vivekanandan W/o.Aadhavan Kalathinathan Petitioners Vs

1. The District Collector, Theeran Chinnamalai Maligai , 1st Floor, Perundurai Road, Erode 638 001, Erode District.

2.Revenue Divisional Officer, CSI Institutions Campus, Chidambaram Colony, 3.Tahsildar New No.12, Old No.360, Erode Main Road, Panneer Selvam Park, 4.The Taluk Surveyor, New No.12, Old No.360, Erode Main Road, Panneer Selvam Park, 1/6

5.The Superintendent of Police, District Police Office, Panneer Selvam Park, 6.Inspector of Police, Chithode Police Station, Kongampalayam, Chithode, Tamil Nadu-638 102 Respondents PRAYER Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents, particularly, the respondents 3 and 4 herein to survey the petitioner's land in S.No.88/4A, Nallaagoundampalayam, Erode Taluk, Erode District along with suitable Police Protection to be provided by the 5th and 6th Respondents herein within a time frame.

For Petitioners : Mr.G.K.Muthukumar For Respondents : Mr.D.Ravichander Special Government Pleader [R1 to R4] Mr.L.Baskaran, Government Advocate [Crl.side] [R5 & R6] *****

ORDER

This writ petition has been filed seeking issuance of a writ of mandamus directing respondents 3 and 4 to conduct survey in the subject property with police protection and to complete this process within the time frame fixed by this Court.

2/6

2. Heard Mr.G.K.Muthukumar, learned counsel for petitioners and Mr.D.Ravichander, learned Special Government Pleader appearing for respondents 1 to 4 and Mr.L.Baskaran, learned Government Advocate [Crl.side] appearing for respondents 5 and 6.

3. The case of petitioners is that they had purchased the property through a registered sale deed dated 04.04.2024 registered as document No.2099/2024. The patta was also issued in patta No.279 on 08.05.2025. When the petitioners wanted to erect a compound wall, the same was objected by the neighbours. In view of the same, the petitioners submitted an application seeking for demarcation of boundaries in order enable the petitioners to erect the compound wall. When the said process was attempted to be made, objections were raised by the adjoining land owners. Hence, the petitioners once again submitted representations on 28.09.2025 and 29.09.2025 to conduct survey with police protection. Since there was no progress, the present writ petition has been filed before this Court.

4. Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court, there shall be 3/6

a direction to the respondents 3 and 4 to conduct survey in the subject property and demarcate the boundaries in line with the title document of the petitioners and the patta that has been issued in Patta No.279. Such survey shall be conducted in the presence of the neighbours, who are objecting for the same. If required, it is left open to take police aid from the sixth respondent. This process shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order. This writ petition is disposed of with the above direction. No costs.

27.10.2025 Index:yes/no Speaking order/Non-speaking order gm To 4/6

1. The District Collector, Theeran Chinnamalai Maligai , 1st Floor, Perundurai Road, Erode 638 001, Erode District.

5.The Superintendent of Police, District Police Office, Panneer Selvam Park, Erode 638 001, Erode District.

6.Inspector of Police, Chithode Police Station, Kongampalayam, Chithode, Tamil Nadu-638 102 N.ANAND VENKATESH, J.

5/6

gm 27.10.2025 (2/2) 6/6