K. Saravanakumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI K.Saravanakumar .... Petitioner /Vs./ 1.The District Collector, Dindigul District.

2.The Tahsildar, Tahsildar Office, Kodaikanal, Dindigul District.

3.The Surveyor, Kodaikanal Taluk, Dindigul District.

4.The Inspector of Police, Kodaikanal Police Station, Kodaikanal, Dindigul District.

5.Magudeshwaran ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 to 4 to measure and demarcate the petitioner's land bearing S.No.65/6 to an extent of 25 cents with patta No.7428 situated at Pallanki Village, Villupatti 1/5

Panchayat, Kodaikanal Taluk, Dindigul District with police protection by taking into account petitioner's online application No.2025/0123/13 009016 dated 13.01.2025.

For Petitioner : Mr.A.Rajini For R1 to R3 : Mr.B.Saravanan Additional Government Pleader For R4 : Mr.Vaikkam Karunanithi Government Advocate (Crl.side)

ORDER

The petitioner seeks for issuance of writ of mandamus to direct the respondents 2 & 3 to measure and demarcate the petitioner's land in S.No.65/6 to an extent of 25 cents with patta No.7428 situated at Pallanki Village, Villupatti Panchayat, Kodaikanal Taluk, Dindigul District with the help of the fourth respondent police officials.

2. The prayer in the writ petition is only seeking a limited relief and hence, after hearing the counsel for the parties, the main writ petition is taken up for final disposal at the admission stage itself.

3. I have heard the learned counsel appearing on either side and perused the materials placed before this Court. 2/5

4. I find that the petitioner, having made an application only on 13.01.2025, has immediately rushed to this Court complaining of inaction on the part of the respondents 1 to 4. The petitioner has impleaded the rival claimants namely the fifth respondent as a party to the writ petition.

5. Considering the necessity for conducting the survey and demarcating the boundaries, though the application is of recent origin, namely on 13.01.2025, I am not inclined to dismiss the writ petition. Instead I deem it fit and proper to give sufficient time to the respondents 2 & 3 to conduct the survey and demarcate the petitioner's land.

6. In fine, the writ petition is allowed and the respondents 2 & 3, in the presence of the officials of the fourth respondent and after notice and opportunity of hearing being given to the petitioner and the fifth respondent, shall conduct a survey and demarcate the property and pass orders on merits and in accordance with law within a period of sixteen weeks from the date of receipt of a copy of this order. 3/5

7. The writ petition is disposed of with the above direction. No costs.

Index : Yes / No NCC : Yes / No 03.02.2025 am TO:- 1.The District Collector, Dindigul District.

2.The Tahsildar, Tahsildar Office, Kodaikanal, Dindigul District.

3.The Surveyor, Kodaikanal Taluk, Dindigul District.

4.The Inspector of Police, Kodaikanal Police Station, Kodaikanal, Dindigul District.

4/5

P.B. BALAJI , J.

am Order made in Dated:

03.02.2025 5/5