Sardarkhan, S/O.Mastankhan v. The Collector of Kallakurichi District

Order This Writ petition has been filed to direct the 4th Respondent to consider the Petitioner's Application to survey his land.

¶2The learned counsel appearing for the petitioner submitted that the petitioner's father owned a larger extent of land, measuring 6.17 acres across various survey numbers in Ravathanallur Village, Vadaponparappi Taluk, Kallakurichi District. Thereafter, out of love and affection, he settled his lands in favour of his sons, whereby the petitioner was settled an extent of 1.54¾ acres across various survey numbers and is currently in absolute possession and enjoyment of the same. While things stood thus, the petitioner's brother's wife, Page3 of 6 who is the sixth respondent herein, has been attempting to encroach upon the petitioner's property. Consequently, the petitioner submitted an application dated 02.12.2024 requesting a survey and demarcation of his lands. Since the said application has not been considered till date, the petitioner has approached this Court with the present Writ Petition.

¶3Mr.P.Elayaraj Kumar, learned Special Government Pleader, who accepts notice on behalf of the respondents 1 to 4 would submit that the petitioner's land will be surveyed and demarcated based on his online application dated 02.12.2024 along with necessary police aid, within a time frame to be fixed by this Court.

¶4Heard the learned counsel for the petitioner as well as the learned Special Government Pleader appearing for the respondents. Since no adverse orders are being passed against the 6th respondent, notice to her is not necessary.

5.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 respondents 3 and 4 to consider the petitioner's online application dated 02.12.2024 and conduct a survey and demarcate the subject properties, within a period of six (6) weeks from the date Page4 of 6 of receipt of a copy of this order, after issuing prior notice and affording an opportunity of personal hearing to the petitioner and other parties concerned including the 6th respondent. If any need arises for Police assistance, it is open to the respondents 3 and 4 to request for Police protection from the jurisdictional Police. If any such request is made, the jurisdictional Police is directed to provide an adequate Police protection for conducting the survey.

6.In the event of any dispute regarding possession, the official respondents shall not adjudicate upon the question of title. The petitioner and the concerned parties are at liberty to approach the competent Civil Court for recovery of possession and for appropriate reliefs in accordance with law. The official respondents shall not involve themselves in such proceedings or take any action affecting the rights of the parties unless specifically directed by the competent Civil Court.

7.With the above direction, this writ petition is disposed of. No costs. 06-08-2026 Index: Yes/No Speaking/Non-speaking order SK Page5 of 6 To

¶1The Collector of Kallakurichi District Collectorate, Kallakurichi.

¶2The Revenue Divisional Officer Kallakurichi,Kallakurichi District.

¶3The Assistant director of Survey and Land Reforms, Collectorate office, Kallakurichi.

¶4The Tahsildar, Vanapuram Taluk Office Vanapuram-605801, Kallakurichi District.

¶5The sub Inspector, Vadaponparappi Police Station Vadaponparappi-605 702 Sankarapuram Taluk, Kallakurichi District. WPoNo.o31316oofo2026 KRISHNANoRAMASAMYoJ. SK WPoNo.o31316oofo2026 06-08-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY SARDARKHAN, S/o.Mastankhan No.1/85, Bungalow Street, Revathanallur Village- 606 402, Sankarapuram Taluk, Kallakurichi District. ..Petitioner(s) Vs 1. The Collector of Kallakurichi District Collectorate, Kallakurichi. 2. The Revenue Divisional Officer Kallakurichi,Kallakurichi District. 3. The Assistant director of Survey and Land Reforms, Collectorate office, Kallakurichi. 4. The Tahsildar, Vanapuram Taluk Office Vanapuram- 605801, Kallakurichi District. 5. The sub Inspector, Vadaponparappi Police Station Vadaponparappi- 605 702 Sankarapuram Taluk, Kallakurichi District. 6. Rashedha, W/o.Shajahan Serapattu Main Road, Revathanallur Village- 606 402, Sankarapuram Taluk, Kallakurichi District. ..Respondent(s) Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus directing the 4th Respondent to consider the Petitioners Application No.2024 / 0123 / 33/ 004562 dated 02.12.2024 and with the help and assistance of the 5th Respondent, to survey Page2 of 6 the petitioners measuring 0.10.82 Hectares, Comprised in Survey No. 61/5B and the lands measuring 0.10.42 Hectares, Comprised in Survey No.61/5G, situated in Ravathanallur village, Vadaponparappi Taluk, Kallakurichi District, as per the Deed of Settlement dated 18.11.2020, registered as Document no.2247 of 2020 at the sub Registrar Office, Vadaponparappi in Favour of the petitioner and as per the Deed of Settlement dated 18.11.2020, registered as document No.2245 of 2020 at the sub Registrar office, vadaponparappi in favour of Shajahan, husband of the 6th Respondent. For Petitioner(s): Mr.T.DHANASEKARAN For Respondent(s): Mr.P.Elayaraj Kumar, Special Government Pleader for R1 to R4 Mr.Durai Gunasekaran, Government counsel (Crl.Side) for R5