Raja v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2025 CORAM :
THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.(MD)No.18799 of 2025 Raja
...Petitioner
Vs.
1.The District Collector, 2.The Tahsildar, Sivagangai Taluk, Sivagangai District.
3.The Taluk Surveyor, Sivagangai Taluk, 4.The Superintendent of Police, 5.The Inspector of Police, SIPCOT Police Station, Sivagangai District.
... Respondents 1/6
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent No.2 & 3 to survey and to earmark the four boundaries as per the petitioner's application No.2025/0123/23/007321 dated 10.03.2025 with respect to the subject properties situated in Survey Nos.120/3A1, 120/3A2, 120/3A4, 120/3A5 and 120/3A8, 120/3B, 120/3C located at Valuthani revenue Village, Sivagangai Taluk and District and further direct the respondents 4 and 5 to provide adequate police protection to the proposed survey on the basis of protection charges paid by the petitioner in Challan No.20250319029976 dated 19.03.2025. For Petitioner : M/s.G.Subiksha for Mr.B.Anandan For Respondents : Mr.A.Baskaran Additional Government Pleader for R1 to R3 Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) for R4 & R5
ORDER
The petitioner herein seeks a direction to survey his properties situated in Survey Nos.120/3A1, 120/3A2, 120/3A4, 120/3A5, 120/3A8, 120/3B and 120/3C in Valuthani Village, Sivagangai Taluk, Sivagangai District, by considering his online application dated 10.03.2025. 2/6
2. Heard the arguments of M/s.G.Subiksha, learned counsel appearing for the petitioner, Mr.A.Baskaran, learned Additional Government Pleader, who takes notice for the respondents 1 to 3 and Mr.M.Vaikkam Karunanithi, learned Government Advocate (Criminal Side), who takes notice for the respondents 4 and 5. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.
3. According to the petitioner, the subject property was purchased by the petitioner and his wife under two registered sale deeds dated 24.03.2016 and 24.03.2016. Patta for the subject property stands in the name of the petitioner in Patta No.886. The petitioner submitted an online application on 10.03.2025 in his application No.2025/0123/23/ 007321 seeking survey of the subject property. Pursuant of the said application, the third respondent issued a notice fixing the date of survey as 18.06.2025. On that day, survey has not been conducted. Hence, the petitioner has come before this Court.
4. The learned Additional Government Pleader appearing for the 3/6
respondents 1 to 3 would submit that since there was objections from the neighboring land owners, the second respondent conducted an enquiry.
5. In view of the same, without expressing any opinion on the merits of the matter, the second respondent is directed to consider the online application of the petitioner dated 10.03.2025 and pass final orders on its own merits within a period of 8 weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner, neighboring land owners and other interested parties.
6. With the above direction, this Writ Petition stands disposed of. No costs.
11.07.2025 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To 1.The District Collector, 4/6
2.The Tahsildar, Sivagangai Taluk, Sivagangai District.
3.The Taluk Surveyor, Sivagangai Taluk, 4.The Superintendent of Police, 5.The Inspector of Police, SIPCOT Police Station, Sivagangai District.
5/6
S.SOUNTHAR, J.
csm Order made in W.P.(MD)No.18799 of 2025 Dated : 11.07.2025 6/6