T. Venkatachalam Vs The District Collector

PRAYER:- Writ petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the respondents Nos.1 to 3 to survey demarcate the boundaries with respect to the “Poosthithi Paathai”, pathway situated in Survey Nos. 484/3C and 479/1B of Bandarahalli Village, Karimangalam Taluk, Dharmapuri District and to remover the encroachments made if any by the private individuals in accordance with law on the said pathway with the necessary police production within a time frame as may be fixed by this Court.

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For Petitioner(s):

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Mr.L.Sathiyaraj

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For Respondent(s): Mr.B.Pachiayappan, Government’s Counsel for R1 to R3

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Mr.Durai Gunasekaran, Government Advocate (Crl.side) for R4

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Order

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This writ petition has been filed seeking to direct the respondents 1 to 3 to survey demarcate the boundaries with respect to the “Poosthithi Paathai”, pathway situated in Survey Nos. 484/3C and 479/1B of Bandarahalli Village, Karimangalam Taluk, Dharmapuri District.

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2.Learned counsel for the petitioners would submit that the petitioners’ made a representation dated 02.11.2025 seeking to survey and demarcate the boundaries with respect to the “Poosthithi Paathai”, pathway situated in Survey Nos. 484/3C and 479/1B of Bandarahalli Village, Karimangalam Taluk,

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

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WP No. 24275 of 2026

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Dharmapuri District. Since the same was not considered the respondents, the present writ petition has been filed.

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3.Mr.B.Pachiayappan, Government’s Counsel accepts notice on behalf of R1 to R3 and Mr. Durai Gunasekaran, Government Advocate (Crl.side), accepts notice on behalf of R4.

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4.Learned Government’s Counsel appearing for the respondents 1 to 3 would submit that the petitioners’ representation dated 02.11.2025 will be considered and disposed of within a time frame to be fixed by this Court.

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5.Heard the learned counsel for the petitioners; the learned Government’s Counsel appearing for the respondents 1 to 3 and the learned Government Advocate appearing for the 4^th respondent.

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6.Considering the submissions made by both parties and in view of the limited prayer sought for in this writ petition, this Court without expressing any opinion on the merits of the case, directs the 3^rd respondent to consider the petitioner’s representation dated 02.11.2025 and conduct a survey and demarcate the subject properties, within a period of four (4) weeks from the date of receipt of a copy of this order, after issuing prior notice to the petitioners and other parties concerned, if any. If any need arises for Police assistance, it is

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

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WP No. 24275 of 2026

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open to the 3^rd respondent to request for Police protection from the 4^th respondent/jurisdictional Police. If any such request is made, the 4^th respondent /jurisdictional Police is directed to provide an adequate Police protection for conducting the survey. It is made clear that this order is passed solely for the purpose of directing 3^rd respondent to conduct a survey and demarcate the subject property. If any dispute arises regarding the possession of the property, it must be resolved by filing a suit before a competent Civil Court. In the event of a title dispute, official respondents shall not take possession of the property and hand it over to any party. It is up to the parties concerned to seek recovery of possession through the due process of law.

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7.With the above direction, this writ petition is disposed of. No costs.

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