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Madras High CourtWP/4283/2026disposed of

S.Sasikumar v. The District Collector

2026-02-17Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-02-2026

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE AND WMP NO. 4743 OF 2026

1. S.Sasikumar Petitioner(s) Vs

1. The District collector Collector office Kallakurichi District 2.The Land Surveyor Thenkeeranur village Kallakurichi District Respondent(s) PRAYER Calling for the records relating to the impugned order via message dated 31.10.2025 passed by the respondent/Firka surveyor rejecting the petitioners application bearing No.2025/N123/33/005715 and quash the same consequently direct the 2nd respondent to conduct the survey of the petitioners land bearing survey No.191/8A2 situated at Thenkeeranur alias keeranur (south)Kallakurichi District within a stipulated time frame For Petitioner(s):

Mr.P.Mohan Lal For Respondent(s):

Mr.S.Arumugam Govt Advocate For Respondent

ORDER

This writ petition has been filed, challenging the impugned order dated 31.10.2025, passed by the respondent rejecting the petitioner's application,

seeking for survey and demarcation of boundaries of the property morefully described in the prayer to this writ petition.

2. The petitioner has challenged the impugned order on the ground of violation of principles of natural justice and on the ground that the impugned order has been passed by total non application of mind to the fact that the petitioner is in possession of patta for the subject property. Under the impugned order, the petitioner's application, seeking for survey and demarcation of boundaries has been rejected on the ground that the petitioner is not in possession of patta for the subject property. However, the learned counsel for the petitioner drew the attention of this Court to the patta, standing in the name of the petitioner, which has been filed as a supporting document along with this writ petition. According to him, despite the fact that the petitioner is having a patta for the property in his name, the respondent under the impugned order, by total non application of mind to the same, has rejected the petitioner's application, seeking for survey and demarcation of boundaries for the subject property.

3. Mr. S.Arumugam, learned Government Advocate accepts notice on behalf of the respondents.

4. As seen from the impugned order, only on the ground that the petitioner

is not in possession of patta for the subject property, the petitioner's application seeking for survey and demarcation of boundaries has been rejected by the respondents. However, the petitioner has produced the patta standing in his name for the subject property before this Court. This Court is not expressing any opinion on the merits of the same. However, since the petitioner categorically contends that patta for the subject property stands in his name, this Court is of the considered view that the impugned order has been passed by total non application of mind to the said patta, which has been produced by the petitioner along with this writ petition.

5. Since the impugned order has been passed by total non application of mind to the contention of the petitioner that he is having a patta in his name, necessarily, the impugned order has to be quashed and the matter has to be remanded back to the very same respondent for fresh consideration on merits and in accordance with law on the petitioner's application, seeking for survey and demarcation of boundaries of the property morefully described in the prayer to this writ petition.

6. Accordingly, the impugned order dated 31.10.2025 passed by the respondents is hereby quashed and the matter is remanded back to the very same respondent for fresh consideration on merits and in accordance with law on the petitioner's application, seeking for survey and demarcation of

boundaries of the property morefully described in the prayer to this writ petition. The respondents shall conduct survey and demarcation of boundaries of the subject property after hearing the objections of the neighbouring land owners if any as well as any other third party whom they deem it fit to enquire within a period of twelve weeks from the date of receipt of a copy of this order.

7. Accordingly, this writ petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed.

17-02-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab To 1.The District collector Collector office Kallakurichi District 2.The Land Surveyor Thenkeeranur village Kallakurichi District

ABDUL QUDDHOSE J.

ab AND WMP NO. 4743 OF 2026 17-02-2026