M.Siddiq v. The Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI M.Siddiq .... Petitioner /Vs./ 1.The Collector, Pudukkottai-622 005.
2.The Tahsildar, Tahsildar Office, Aavudaiyaar Kovil 614 618, Pudukottai District.
3.The Superintendent of Police, Office of the Superintendent of Police, Pudukkottai-622 003.
4.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Aranthangi-614 616.
5.The Inspector of Police, Aavudaiyaar Kovil Police Station, Aavudaiyaar Kovil-614 618.
6.The Principal Survey Officer, Survey Department, Tahsildar Office, Aavudaiyaar Kovil 614 618.
.... Respondents 1/5
P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 10.12.2024 for measuring the property to fetching fencing in survey No.282/4 & patta No.1168 in Aavudaiyar Kovil, Pudukottai District and to provide adequate police protection and enforce criminal proceedings against the person in case of causing any trouble.
For Petitioner : Mrs.J.Malathi For R1, R2 & R6 : Mr.B.Saravanan Additional Government Pleader For R3 to R5 : Mr.S.Prakash Government Advocate (Crl.side)
ORDER
I have heard the learned counsel for the petitioner, Mr.B.Saravanan, learned Additional Government Pleader appearing for the respondents 1,2 & 6 and Mr.S.Prakash, learned Government Advocate (Crl.side) appearing for the respondents 3 to 5.
2. Though the petitioner seeks issuance of a Writ of Mandamus to consider the representation for conducting survey based on his 2/5
application dated 7.12.2024 and representation dated 10.12.2024, the learned Additional Government Pleader would submit that the petitioner has not made an online application, which is now mandatory.
3. In view of the above, the writ petition is disposed of with a direction to the petitioner to make an online application in terms of the prevailing rules and regulations and on such application being made as required under the prevailing rules, the second respondent shall consider the same on merits, in accordance with law and if necessary, after giving advance notice to any other interested parties and shall pass orders on the petitioner's application for survey.
4. The learned Additional Government Pleader would further submit that on a field inspection being carried out, it has been found that a third party is in possession of the subject lands in respect of which survey is sought for and hence, the request for fencing is not possible. It is made clear that under the guise of survey, there will be no dispossession of any of the parties. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this 3/5
order.
5. With the above direction, the writ petition is disposed of. No costs.
Index : Yes / No NCC : Yes / No 07.03.2025 am To 1.The Collector, Pudukkottai-622 005.
2.The Tahsildar, Tahsildar Office, Aavudaiyaar Kovil 614 618, Pudukottai District.
3.The Superintendent of Police, Office of the Superintendent of Police, Pudukkottai-622 003.
4.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Aranthangi-614 616.
5.The Inspector of Police, Aavudaiyaar Kovil Police Station, Aavudaiyaar Kovil-614 618.
6.The Principal Survey Officer, Survey Department, Tahsildar Office, Aavudaiyaar Kovil 614 618.
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P.B. BALAJI , J.
am Order made in Dated:
07.03.2025 5/5