P.Kumaresan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI P.Kumaresan ... Petitioner vs.

1.The District Collector, Dindigul District, Dindigul 624 004.

2.The Superintendent of Police, Dindigul District, Dindigul.

3.The Tahsildar, Vedasandur Taluk, Vedasandur 624 710, Dindigul District.

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

5.The Head Surveyor, Vedasandur Taluk, Dindigul District.

6.P.Saravanakumar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the 5th respondent to 1/6

conduct survey the property with an extent of 22.50 ares in Survey No. 972/1 Patta No.3760 of Marampadi Village, Vedasanthur Taluk, Dindigul District and subsequently direct the 4th respondent to provide adequate protection at the time of conducting survey by the 5th respondent herein. For Petitioner :Mr.V.Baskaran For R1, R3 and R5:Mrs.S.Jeyapriya Government Advocate For R2 and R4 :Mr.S.Prakash Government Advocate (Crl.side) *****

O R D E R

The petitioner seeks for issuance of a Writ of Mandamus to direct the fifth respondent to conduct survey and dispose of the petitioner's application, dated 25.03.2025 in the presence of the jurisdictional police officials and after giving notice to the sixth respondent. 2.Heard Mr.V.Baskaran, learned Counsel appearing on behalf of the petitioner, Mrs.S.Jeyapriya, learned Government Advocate appearing for the respondents R1, R3 and R5 and Mr.S.Prakash, learned Government Advocate (crl.side) appearing on behalf of the respondents 2 and 4. By consent of both parties, considering the limited relief sought for by the petitioner, this Writ Petition is taken up for final disposal at the 2/6

admission stage.

3.The learned Counsel for the petitioner submits that necessary online application has already been made on 20.03.2025 and he has also produced relevant records to substantiate the same. 4.In view of the limited relief sought for by the petitioner, the fifth respondent is directed to fix a date for survey and issue advance intimation to the petitioner, the fourth respondent as well as the sixth respondent. The fourth respondent shall ensure availability of sufficient police personnels on the date of survey to prevent any breach of law and order situation. The objections of the sixth respondent, if any, shall be considered and disposed of one way or the other before a decision is taken regarding survey.

In the event of the objections of the sixth respondent being overruled, then the survey can be proceeded with to dispose of the petitioner's application. In the event of the objections of the sixth respondent touching issues of title, which has not been decided by any competent civil Court, then survey may be refused and the parties may be relegated to the competent civil Court.

proceed to dispose of the petitioner's application in the light of the above directions and pass final orders within a period of twelve weeks from the date of receipt of a copy of this order.

5.The Writ Petition is disposed of accordingly. No costs. Index :Yes / No 29.04.2025 Internet :Yes / No NCC :Yes / No cmr 4/6

To 1.The District Collector, Dindigul District, Dindigul 624 004.

2.The Superintendent of Police, Dindigul District, Dindigul.

3.The Tahsildar, Vedasandur Taluk, Vedasandur 624 710, Dindigul District.

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

5.The Head Surveyor, Vedasandur Taluk, Dindigul District.

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P.B.BALAJI, J.

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