K.Muthu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-06-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY K.Muthu S/o. Kandhan, Mallikundam Near Murguan Temple, Mallikundam Village and Post Mettur Taluk, Salem District -636 458 ..Petitioner(s) Vs

1. The District Collector O/o. The District Collectorate, Salem District.

2. The Revenue Divisional officer Mettur RDO Office, Mettur Dam, Salem District-636 401

3. The Thasildar Mettur Thasildar Office, Mettur Dam, Salem District -636 401

4. The Deputy Inspector of Survey Mettur Taluk, Taluk Office, Mettur Dam, Salem District - 636 401 ..Respondent(s) Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Respondents 1 to 3 to direct respondent 4 to survey the property in Survey No.325/1A3B in Mecheri Village, Mettur Taluk,, Salem District within time frame fixed by this Hoble Court by considering the representation dated 19.01.2026 in accordance with law

For Petitioner(s):

No appearance For Respondent(s):

Ms.Inthu Karunakaran, Govt's counsel

ORDER

This writ petition has been filed to direct the respondents to consider the petitioner's representation dated 19.01.2026.

2. Ms.Inthu Karunakaran, learned Government's counsel takes notice on behalf of the respondents.

3. By consent of the parties, the main petition is taken up for disposal in the stage of admission itself.

4. Today, there is no representation on behalf of the petitioner.

5. The learned Government's counsel appearing for the respondent would submit that as per the affidavit filed by the petitioner, a suit in OS.No.47 of 2012 is pending between the parties for the past 14 years. In the said suit, an Advocate Commissioner was appointed for the purpose of surveying the subject property. Accordingly, the date for surveying was fixed on 12.04.2025. In the meantime, some 3rd parties had illegally removed the fencing stones at the subject property on 11.04.2025. Hence, he approached the Revenue Authorities

and filed a representation, along with all the relevant documents and requested them to measure the land and fix the boundary stones at the subject property.

6. In such case, she would submit that since an Advocate Commissioner was already appointed vide the order passed in aforesaid suit, if there is any grievance on the part of the petitioner, the same has to be agitated before the concerned Civil Court. Hence, she prays for dismissal of this petition.

7. Heard the learned Government's counsel appearing for the respondents and also perused the entire materials available on record.

8. In the case on hand, a representation was filed by the petitioner before the respondents for surveying the subject land and fixing the boundary stones therein. However, the said representation was not at all considered by the respondents till date.

9. On the other hand, upon perusal of the affidavit filed by the petitioner, it appears that a suit in OS.No.47 of 2012 is pending before the Civil Court, whereby an Advocate Commissioner was appointed for the purpose of surveying the subject land. However, on the day before the date fixed for conducting survey, the fencing stones at the subject land were removed by some third parties.

10. When such being the case, as rightly suggested by the respondent, if there is any grievance on the part of the petitioner, the same has to be agitated in the suit pending before the Civil Court and no relief will be granted in the representation filed by the petitioner.

11. In view of the above, this Court is inclined to dismiss the present petition as devoid of merits. Accordingly, this writ petition is dismissed. No cost.

02-06-2026 Index: Yes/No Speaking/Non-speaking order nsa To

1. The District Collector O/o. The District Collectorate, Salem District.

2. The Revenue Divisional officer Mettur RDO Office, Mettur Dam, Salem District-636 401

3. The Thasildar Mettur Thasildar Office, Mettur Dam, Salem District -636 401

4. The Deputy Inspector of Survey Mettur Taluk, Taluk Office, Mettur Dam, Salem District - 636 401

KRISHNAN RAMASAMY J.

nsa 02-06-2026