Kirubakaran v. The District Collector

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 04.07.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR Kirubakaran ... Petitioner Vs

1. The District Collector, Raja Colony, Trichirapalli District.

2. The Revenue Divisional Officer, District Collector Office, Raja Colony, Trichirapalli District.

3. The Thasildar, Paramasivanpuram, Lalgudi , Trichirapalli District.

4. The Inspector of Police, Lalgudi Taluk, Trichirapalli.

5. The Surveyor, Thasildhar Office, Jangamarajapuram, Anbil, Lalkudi, Trichirapalli District.

6. Manimaran 1/6

7. Rani

8. Hariharan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 5th respondent herein to conduct the survey bearing Survey No.47/8A situated at Jangamarajapuram Village, Lalkudi Taluk, Ariyalur, Trichy District and consequently direct the 4th respondent to provide adequate police protection to the revenue officials for conducting such survey in the land bearing Survey No.47/8A while by considering the petitioner's representation dated 17.06.2025 within the time stipulated by this Court. For Petitioner : Ms.A.Banumathy For Respondents : Mrs.K.Malathi, Addl. Govt. Pleader [R1 to R3 & R5] Mr.M.Vaikkamkarunanithi, Govt. Advocate (Crl. Side) [R4]

O R D E R

The petitioner herein seeks a direction to the 5th respondent to conduct survey of the property situate in Survey No.47/8A in Jangamarajapuram Village, Lalkudi Taluk, Ariyalur, Trichy District and to direct the 4th respondent to give adequate police protection by considering his representation dated 17.06.2025. 2/6

2. Mrs.K.Malathi, learned Additional Government Pleader, takes notice for the respondents 1 to 3 and 5. Mr.M.Vaikamkarunanithi, learned Government Advocate (Crl. Side) takes notice for 4th respondent. Since no adverse order is going to be passed against the respondents 6 to 8, notice to them is dispensed with.

3. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

4. It is the case of the petitioner that the subject property was settled by his father Anbalagan in his favour under a registered settlement deed dated 29.07.2021. On the strength of the said document, the petitioner submitted an application on 25.06.2024 in Application No. 2024/0123/15/001746, seeking survey of the property. The same has not been considered. Hence, the petitioner has come before this Court.

5. The learned Additional Government Pleader appearing for the respondents 1 to 3 and 5 would submit that a civil suit is pending between the petitioner and the private respondents in respect of the subject property and therefore, the request of the petitioner has not been 3/6

considered.

6. The learned counsel for the petitioner produced a copy of the plaint filed in O.S.No.150 of 2024. A perusal of the same would suggest that the said suit was filed by the petitioner in respect of the adjacent S.No.47/8B and the same is nothing to do with the subject matter of the present survey. It is also stated that the private respondents have objected to survey of the property and therefore, the official respondents are hesitating to conduct the survey.

7. In view of the same, without expressing any opinion on the merits of the matter, the third respondent is directed to consider the online application of the petitioner dated 25.06.2024 and pass final orders on its own merits within a period of eight (8) weeks from the date of receipt of a copy of this order after issuing notice to the petitioner, private respondents 6 to 8 and other interested parties.

8. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

04.07.2025 4/6

vsm Index: Yes/No To

1. The District Collector, Raja Colony, Trichirapalli District.

2. The Revenue Divisional Officer, District Collector Office, Raja Colony, Trichirapalli District.

3. The Thasildar, Paramasivanpuram, Lalgudi , Trichirapalli District.

4. The Inspector of Police, Lalgudi Taluk, Trichirapalli.

5. The Surveyor, Thasildhar Office, Jangamarajapuram, Anbil, Lalkudi, Trichirapalli District.

5/6

S.SOUNTHAR, J.

vsm W.P (MD) No.18271 of 2025 04.07.2025 6/6