Raja v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2025 CORAM :
THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.(MD)No.19200 of 2025 Raja
...Petitioner
Vs.
1.The District Collector, District Collector Office, Madurai District.
2.The Superintendent of Police, Madurai District.
3.The Thasildar, Melur Taluk, Madurai District.
4.The Taluk Surveyor, Madurai North Taluk, Madurai District.
5.The Inspector of Police, Melur Police Station, Madurai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the fourth 1/6
respondent to survey the land in S.No.53/10 an extent of 16 cents and S.No.91/13A an extent of 22.23 cents of land situated at Madurai District, Melur Taluk, Uranganpatti Village consequently direct the fifth respondent to give adequate police protection for survey the land based on the representation given by the petitioner on 02.07.2025. For Petitioner : Mr.P.Muthusaravanan For Respondents : Mrs.K.Malathi Additional Government Pleader for R1, R3 & R4 Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) for R2 & R5
ORDER
The Writ Petition is filed seeking a direction to the fourth respondent to survey the property situated in Survey Nos.53/10 and 91/13A in Uranganpatti Village, Melur Taluk, Madurai District, by considering the petitioner's representation dated 02.07.2025.
2. Heard the arguments of Mr.P.Muthusaravanan, learned counsel appearing for the petitioner, Mrs.K.Malathi, learned Additional Government Pleader, who takes notice for the respondents 1, 3 and 4 and Mr.M.Vaikkam Karunanithi, learned Government Advocate (Criminal 2/6
Side), who takes notice for the respondents 2 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 has been in possession and enjoyment of the petitioner's family right from the days of the petitioner's father and patta for the subject property stands in the name of the petitioner's mother Amirthamin in Patta No.976. The petitioner submitted an online application on 20.05.2025 seeking survey of the subject property. The same has not been considered. Hence, the petitioner has come before this Court.
4. The learned Additional Government Pleader appearing for the respondents 1, 3 and 4 would submit that the petitioner produced patta for Survey No.91/13A. He failed to produce any document to substantiate his right over other Survey No.53/10 and therefore, the petitioner's request for survey has not been considered.
5. Even in the typed-set of papers filed before this Court, the 3/6
petitioner produced patta for Survey No.91/13A and for other Survey No. 53/10, the petitioner has not produced any document to substantiate his right. In such circumstances, this Court is not inclined to issue any direction to the respondents for survey of the property situated in Survey No.53/10. However, in respect of the property situated in Survey No. 91/13A, the third respondent is directed to consider the online application of the petitioner dated 20.05.2025 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.
16.07.2025 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm 4/6
To 1.The District Collector, District Collector Office, Madurai District.
2.The Superintendent of Police, Madurai District.
3.The Thasildar, Melur Taluk, Madurai District.
4.The Taluk Surveyor, Madurai North Taluk, Madurai District.
5.The Inspector of Police, Melur Police Station, Madurai.
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S.SOUNTHAR, J.
csm Order made in W.P.(MD)No.19200 of 2025 Dated : 16.07.2025 6/6