Palanivel Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

Palanivel Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: the 2nd respondent to act upon the application and complete the survey based on the petitioner's title documents and issued patta within four weeks of receipt of a copy of the order, in the presence of the objecting private respondents, with liberty to seek police protection from the 3rd respondent if required; no costs.

Issue for consideration

Whether the 2nd respondent (Tasildhar, Thittakudi) must act upon the petitioner's paid-up survey application and conduct a survey fixing boundaries / laying boundary stones over S.No.4/12A2, 4/12A3 and 4/12B1, Idaicheruhuvai Village, Thittakudi Taluk, Cuddalore District. +1 more

Court's answer

The Court directed the 2nd respondent to act upon the petitioner's application and to conduct the survey of the subject property based on the petitioner's title documents and the patta already issued in his name.

Ratio / Principle

The said survey process is to be completed within a period of four weeks from the date of receipt of a copy of the order.

Key takeaways

Because the private respondents are objecting, the survey shall be conducted in their presence.ratio¶36
If required, police protection for the survey can be sought by the 2nd respondent from the 3rd respondent (Inspector of Police, Thittakudi Police Station).ratio¶37

Detailed headnote1 paragraphs

MADRAS HIGH COURT (N. Anand Venkatesh J., sole member) - WP No. 41061 of 2025, decided 04-11-2025. Palanivel, claiming ownership of parcels bearing S.No.4/12A2, 4/12A3 and 4/12B1 at Idaicheruhuvai Village, Thittakudi Taluk, Cuddalore District (sale deeds dated 22.12.2006 - Doc.No.1603/2006 and 23.05.2025 - Doc.No.837/2025; Patta No.5988 and joint pattas Nos.5955, 5830, 5956, 456), sought a writ of Mandamus under Article 226 directing the District Collector and the Tasildhar to survey the land in pursuance of Challan No.2025/0123/18/015005 dated 29.08.2025, with police protection during the survey. The Court directed the Tasildhar to act upon the application and complete the survey, based on the petitioner's title documents and the patta already issued, within four weeks of receipt of a copy of the order; since the private respondents (R4-R7) objected, the survey is to be conducted in their presence, and the Tasildhar may seek police protection from the Inspector of Police, Thittakudi Police Station (R3) if required. Petition disposed of; no costs.

WP No. 41061 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-11-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

WP No. 41061 of 2025

1. PALANIVEL

S/o. Thangavel, No.1/28, Middle Street, Edaisorukal Village, Thittakudi Taluk, Cuddalore District.

Petitioner(s)

Vs

The District Collector O/o. District Collector, Cuddalore District.

2.The Tasildhar O/o. Thittakudi Tasildhar, Thittakudi Taluk, Cuddalore District.

3.The Inspector Of Police Thittakudi Police Station, Cuddalore District.

4.Kolanchi

S/o. Venkadachalam, No.1/28, Middle Street, Edaisorukal Village, Thittakudi Taluk, Cuddalore District.

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WP No. 41061 of 2025

5.SELVARASU S/o. Maheswari, No.1/28, Middle Street, Edaisorukal Village, Thittakudi Taluk, Cuddalore District.

6.SHANTHI

W/o. Arumugam, No.1/28, Middle Street, Edaisorukal Village, Thittakudi Taluk, Cuddalore District.

7.VENKADEASAN S/o. Kirshnasamy, No.1/28, Middle Street, Edaisorukal Village, Thittakudi Taluk, Cuddalore District.

Respondent(s)

PRAYER

Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus directing the 1st and 2nd Respondent to survey the property bearing S.No.4/12A2, 4/12A3, 4/12A4, 4/12B1 situated at Idaicheruhuvai Village, Thittakudi Taluk, Cuddalore District in pursuant of Challan No.2025/0123/18/015005 dated 29.08.2025 and consequently directed the 3rd Respondent to provide the adequate Police Protection at the time of the Survey the property by the 2nd Respondent and pass orders.

For Petitioner(s): M/s. P.Muthamizhselvakumar For Respondent: Mr.P.Ganesan Government Advocate for R1 and R2 Mr.L.Baskaran Government

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WP No. 41061 of 2025

Advocate[Crl.side] for R3

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the respondents in particular the 2^nd respondent to act upon the application submitted by the petitioner on 29.08.2022 wherein the petitioner has sought for the survey of the subject property and for laying the boundary stones.

Heard Mr.P.Muthamizhselvakumar, learned counsel for the petitioner and MR.P.Ganesan, learned Government Advocate for respondents 1 and 2 and Mr.L.Baskaran, learned Government Advocate[Crl. Side] for 3^rd respondent.

The case of the petitioner is that he is the owner of the subject property by virtue of a registered sale deed dated 22.12.2006 registered as document No.1603 of 2006. Thereafter, the remaining portion of the property was purchased by the petitioner by virtue of a registered sale deed dated 23.05.2025 registered as document No.837 of 2025. The patta was also issued to the petitioner in Patta No.5988 and a joint patta was issued in patta Nos,5955, 5830, 5956 and 456. The petitioner wanted a survey to be conducted in the subject property for fixing the boundaries and hence, submitted the

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WP No. 41061 of 2025

application on 29.08.2025 after paying the necessary charges. It is under these circumstances, the present writ petition has been filed before this Court.

Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the 2^nd respondent to act upon the application submitted by the petitioner and to conduct the survey based on the title documents of the petitioner and the patta which has already been issued in the name of the petitioner and complete the said process within a period of four weeks from the date of receipt of a copy of this order. Since the private respondents are objecting, such survey shall be conducted in their presence. If required, police protection can be

sought for by the 2^nd respondent from the 3^rd respondent.

This writ petition is disposed of with the above directions.

No costs.

04-11-2025

rka Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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WP No. 41061 of 2025

To

1.The District Collector O/o. District Collector, Cuddalore District.

2.The Thasildhar O/o. Thittakudi Tasildhar, Thittakudi Taluk, Cuddalore District.

3.The Inspector Of Police Thittakudi Police Station, Cuddalore District.

4.KOLANCHI

S/o. Venkadachalam, No.1/28, Middle Street, Edaisorukal Village, Thittakudi Taluk, Cuddalore District.

5.SELVARASU

S/o. Maheswari, No.1/28, Middle Street, Edaisorukal Village, Thittakudi Taluk, Cuddalore District.

6.SHANTHI

W/o. Arumugam, No.1/28, Middle Street, Edaisorukal Village, Thittakudi Taluk, Cuddalore District.

7.VENKADEASAN S/o. Kirshnasamy, No.1/28, Middle Street, Edaisorukal Village, Thittakudi Taluk, Cuddalore District.

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

WP No. 41061 of 2025

N.ANAND VENKATESH J. rka

WP No. 41061 of 2025

04-11-2025

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