K.Mohan Vs the Revenue Divisional Officer

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the 5^th respondent to consider and thereby disposing the representation made by the petitioner on 09.05.2025.

¶19

For Petitioner : Mr.K.Yuvaraj For Respondents : Mr.A.Selvendran for R1 to R4 Special Government Pleader Mr.R.Kishore Kumar for R5 Govt. Advocate (Crl.side)

¶20

O R D E R

¶21

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the respondents No.6 and 7 is dispensed with.

¶22

This writ petition has been filed seeking issuance of a writ of mandamus to direct the respondents No. 1 to 5 to consider the representation made by the petitioner on 09.05.2025 seeking conduct of survey of the property comprised in New Survey No.162/21 measuring an extent of 0.04 cents out of the total extent of 0.2.90 acres situated at Chinnaobulapuram

¶23

_________ Page 2 of 7

¶24

https://www.mhc.tn.gov.in/judis

¶25

W.P.No.28414 of 2025

¶26

Village, Gummidipoondi Taluk, Thiruvallur District.

¶27

3. It is submitted by the learned counsel for the petitioner that petitioner submitted an online application on 21.06.2024 before respondents No.1 to 4 seeking survey of subject property and also paid appropriate fees. Thereafter, petitioner also made a representation on 09.05.2025 to respondents seeking to conduct survey with Police Protection. Since the same was not considered, the present writ petition has been filed before this Court.

¶28

4. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader appearing for respondents 1 to 4 that they will consider petitioner's application and survey the petitioner's land within a time frame to be fixed by this Court, which was agreed to by learned counsel for petitioner.

¶29

5. It is further submitted by learned Special Government Pleader that in case Police protection is required, respondents No.1 to 4 would request fifth respondent. When this was pointed out, Mr.R.Kishore Kumar, learned Government Advocate (Crl.Side), appearing for fifth respondent

¶30

_________ Page 3 of 7

¶31

https://www.mhc.tn.gov.in/judis

¶32

W.P.No.28414 of 2025

¶33

would submit that if any such request is made, adequate police protection will be granted.

¶34

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

¶35

i) The respondents No.1 to 4 shall consider the representation dated 09.05.2025 in accordance with law and conduct survey, after issuing notice to the petitioner, adjacent land owner and all other interested parties including rival claimants, if any.

¶36

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 to call for any document/conduct enquiry, if any, while considering the application necessary for conducting survey of subject property. It is also open to the respondents to call for documents to satisfy itself of the petitioner's entitlement for requesting survey of subject property.

¶37

iii) It is open to respondents 1 to 4 to request for Police protection before fifth respondent. If any such request is made, fifth respondent is

¶38

_________ Page 4 of 7

¶39

https://www.mhc.tn.gov.in/judis

¶40

W.P.No.28414 of 2025

¶41

directed to provide adequate Police protection for conducting the survey.

¶42

iv) The entire process shall be completed within a period of 8

¶43

weeks from the date of uploading of web copy without waiting for the receipt of certified copy.

¶44

v) It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. Rights and contentions of the petitioner and all other interested parties are left open.

¶45

7. There shall be no order as to cost.

¶46

06.08.2025

¶47

NCC: Yes / No Index : Yes / No Speaking Order : Yes / No

¶48

msv

¶49

To

¶50

1.The Revenue Divisional Officer, Ponneri Revenue Division,