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Madras High Court

Gomathi vs The District Collector on 23 September, 2025

Author: Krishnan Ramasamy

Bench: Krishnan Ramasamy

                                                                                         W.P.No.36252 of 2025

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    Dated         : 23.09.2025

                                                      CORAM
                                   THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY

                                                    W.P.No.36252 of 2025

                        Gomathi                                                          ... Petitioner

                                                                    Vs.

                        1.The District Collector,
                          Karur District,
                          Karur.

                        2.The Revenue Divisional Officer,
                          Paramathi Taluk,
                          Namakkal District.

                        3.The Tahsildar,
                          Paramathi Taluk,
                          Namakkal District.

                        4.The Deputy Surveyor,
                          Taluk Office Campus,
                          Paramathi.

                        5.The Inspector of Police,
                          Velangoundampatti Police Station,
                          Velangoundampatti, Namakkal District.

                        6.The Sub-Inspector of Police,
                          Nallur, Paramathi Velur Taluk,
                          Paramathi Velur.                                               ... Respondents


                        1/7




https://www.mhc.tn.gov.in/judis
 https://www.mhc.tn.gov.in/judis               ( Uploaded on: 08/10/2025 01:41:00 pm )
                                                                                            W.P.No.36252 of 2025

                        Prayer:
                                   Writ Petition filed under Article 226 of the Constitution of India
                        praying to issue a Writ of Mandamus directing the respondents 3 and 4 to
                        measure the land comprised in Survey No.415/3, Patta No.660 situated at
                        Nallur Village, Paramathi Velur Taluk, Namakkal District as per the
                        Settlement Deed dated 24.08.2021 registered as Doc.No.3702 of 2021 on
                        the file of Sub Register Office, Paramathi with police protection of
                        respondents 5 and 6 and make Sub-Division of S.No.415/3 and to issue
                        separate Patta to the petitioner.


                                         For Petitioner                  : Mr.T.L.Thirumalaisamy

                                         For Respondents 1 to 4 : Mr.R.P.Murugan Raja,
                                                                  Government Advocate

                                         For Respondents 5 & 6 : Mr.L.Baskaran,
                                                                 Government Advocate (Crl.side)

                                                                 ORDER

The relief sought for in this writ petition is to direct the respondents 3 and 4 to measure the land comprised in Survey No.415/3, Patta No.660 situated at Nallur Village, Paramathi Velur Taluk, Namakkal District as per the Settlement Deed dated 24.08.2021 registered as Doc.No.3702 of 2021 on the file of Sub Register Office, Paramathi with police protection of respondents 5 and 6 and make Sub- 2/7 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 01:41:00 pm ) W.P.No.36252 of 2025 Division of S.No.415/3 and to issue separate Patta to the petitioner.

2. Mr.R.P.Murugan Raja, learned Government Advocate takes notice on behalf of the respondents 1 to 4. Mr.L.Baskaran, learned Government Advocate takes notice on behalf of respondents 5 & 6. By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

3. Learned counsel for the petitioner submitted that the property in S.No.415/3 originally belongs to Palaniyappan, the grandfather of the petitioner. During his lifetime, he executed a Will dated 20.09.2001 registered as Doc.No.40 of 2001 in favour of his son Ponnusamy and grandson Muthusamy, who are the father and brother of the petitioner. Thereafter, the petitioner's father and brother executed a settlement deed dated 24.08.2021 in favour of the petitioner measuring an extent of 2.14 acres out of 3.80 acres. This being the case, the petitioner made an online Application dated 03.07.2025, before the third respondent for sub- division of the above said property and also paid the appropriate fee. However, no action was taken. Hence, the petitioner sent a 3/7 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 01:41:00 pm ) W.P.No.36252 of 2025 representation dated 29.07.2025. But, till date, no order was passed. Hence, the petitioner has come forward with the present writ petition.

4. On this being pointed out, the learned Government Advocate appearing for the respondents 1 to 4 would submit that they would consider the petitioner's representation dated 29.07.2025 and carry out a survey and complete the process within a time frame that may be fixed by this Court, which was agreed to by the learned counsel for the petitioner.

5. It is further submitted by the learned Government Advocate appearing for the respondents 1 to 4 that in case police protection is required they would request the sixth respondent. When this was pointed out, the learned Government Advocate, Mr.L.Baskaran, appearing for the respondents 5 & 6 would submit that if any such request is made adequate police protection will be granted.

6. In view thereof, the writ petition stands disposed of with the direction to the concerned respondent to consider petitioner's representation dated 29.07.2025 and carry out the sub-division and 4/7 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 01:41:00 pm ) W.P.No.36252 of 2025 complete the process, after giving prior notice to the petitioner as well as aggrieved persons, if any, within a period of 5 weeks from the date of receipt of a copy of this order. It is open to the respondents 3 & 4 to request for police protection before the 6th respondent. If any such request is made, the 6th respondent is directed to provide adequate police protection for conducting the survey. 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. No costs.

List the case on 24.11.2025 under the caption "For Reporting Compliance".

23.09.2025 Speaking/Non-speaking order Index : Yes / No Neutral Citation : Yes / No vm To

1.The District Collector, 5/7 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 01:41:00 pm ) W.P.No.36252 of 2025 Karur District, Karur.

2.The Revenue Divisional Officer, Paramathi Taluk, Namakkal District.

3.The Tahsildar, Paramathi Taluk, Namakkal District.

4.The Deputy Surveyor, Taluk Office Campus, Paramathi.

5.The Inspector of Police, Velangoundampatti Police Station, Velangoundampatti, Namakkal District.

6.The Sub-Inspector of Police, Nallur, Paramathi Velur Taluk, Paramathi Velur.

KRISHNAN RAMASAMY.J., vm 6/7 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 01:41:00 pm ) W.P.No.36252 of 2025 W.P.No.36252 of 2025 23.09.2025 7/7 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 01:41:00 pm )