Arjunan Vs the District Collector

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus forbearing the respondents 1,3,4 and 5 granting permission in favour of 10th respondent from conducting survey and laying boundaries stones also police protection in petitioner's land situated at Survey No.154/9, Indhili Village, Kallakurichi Taluk, Kallakurichi District on the basis of petitioner representation dated 17.04.2025 and pass orders.

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For Petitioner : Mr.Venkatesh S For Respondents : Mr.P.Sathish Additional Government Pleader for R1, R3 and R4

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Mr.R.Kishore Kumar Government Advocate (Criminal Side) for R2 and R5

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Mr.R.Bharath Kumar for R8 to R11 Not ready in notice R7

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ORDER

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The present writ petition is filed praying for a writ of mandamus to forbear

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the respondents 1,3,4 and 5 from granting permission in favour of 10 th respondent

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to conduct survey and laying boundaries stones and provide police protection in respect of petitioner's land comprised in Survey No.154/9, situated at Indhili Village, Kallakurichi Taluk, Kallakurichi District on the basis of petitioner's representation dated 17.04.2025.

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2. At the outset, it is submitted by the learned Additional Government Pleader for respondents 1, 3 and 4 that it is always open to the petitioner to put forth his objections for conducting survey on the request made by respondents 8 to 11, in respect of the subject property. If any such objections are filed, the same would be considered after issuing notice to the petitioner and respondents 6 to 11 and thereafter, the request for survey if any would be considered and appropriate orders would be passed, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.

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3. It is further submitted by the learned Additional Government Pleader that in case police protection is required they would request respondents 2 and 5. When this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar appearing for respondents 2 and 5 would submit that if any such request is made

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adequate police protection will be granted, that of course would be after petitioner's objection to survey is considered.

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4 . In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions:

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i) I t is open to the petitioner to put forth his objections for conducting survey on the request made by respondents 8 to 11, in respect of the subject property. If any such objections are filed, respondents 1, 3, and 4 shall consider the same, after issuing notice to the petitioner and respondents 6 to 11, adjacent land owners and all other interested parties including rival claimants, if any and thereafter, the request for survey shall be considered and appropriate orders shall be passed.

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ii) Though facts have been set out extensively in the affidavit, this court does not propose to deal with it while leaving it open to the respondents 1,3 and 4 to call for any document/conduct enquiry to satisfy itself of the merits in petitioner's objection to survey at the request of respondents 8 to 11.

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i ii) It is made clear that this Court has not expressed any views with regard

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to the merits of the case and it is open to the concerned respondent to consider the

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matter on its own merits and in accordance with law. Rights and contentions of the petitioner and all other interested parties are left open.