R.Kumar v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ R.Kumar ... Petitioner Vs.

1. The District Collector, Office of the Collectorate, Kallakurichi District.

2. The Tahsildar, Office of the Tahsildar, Kallakurichi Taluk, Kallakurichi District.

3. The Head Surveyour, Office of Tahsildar, Kallakurichi Taluk, Kallakurichi District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the respondents 2 & 3 to measure the petitioner's land property in Survey No.180/1 to an extent of about 2 Hectare 61 Ares and S.No.181/2B to an extent of about 1 Hectare 0.50 Ares in Rayarpalayam Village, Kallakurichi Taluk, Kallakurichi District by disposing of the petitioner's online application dated 13.03.2025 vide petition No.2025/0123/33/005886.

For Petitioner :

Ms.V.Ranjitha For Respondents :

Mr.S.J.Mohamed Sathik Government Advocate

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents 2 & 3 to act upon the application submitted by the petitioner on 13.03.2025 and to survey the subject property and demarcate the boundaries.

2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

3. The grievance of the petitioner is that the petitioner is the absolute owner of the subject property and the said property was purchased by the petitioner's grandfather. In pursuance to the said purchase, the property was owned by his ancestors and the petitioner has duly inherited his share over the said property. Acknowledging his inheritance, joint patta vide patta No.396 was issued by the Revenue Officials and till date, the petitioner

is in possession and enjoyment of the said property. When that being the position, the petitioner has filed an application for the purpose of conducting survey and measurement of the property. But, the same has not been considered so far. Hence, the present writ petition has been filed.

4. Learned counsel for petitioner would submit that the petitioner made online application on 13.03.2025 and paid necessary fees to measure the subject property. He also submits that joint patta was standing in the name of the petitioner and his brother.

5. At the outset, it is submitted by Mr.S.J.Mohamed Sathik, learned Government Advocate for the respondents that they will consider the petitioner's application and measure the petitioner's land and survey the same within a period of eight weeks from the date of receipt of a copy of this order, which was agreed to by the learned counsel for petitioner.

6. In view thereof, the writ petition stands disposed of with a direction to the concerned respondent to consider the petitioner's online application dated 13.03.2025 and measure the petitioner's land property and pass appropriate orders after putting the petitioner, adjacent land owners and any other interested parties on notice within a period of eight weeks from the date of receipt of a copy of this order. 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.

04.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The District Collector, Office of the Collectorate, Kallakurichi District.

2. The Tahsildar, Office of the Tahsildar, Kallakurichi Taluk, Kallakurichi District.

3. The Head Surveyour, Office of Tahsildar, Kallakurichi Taluk, Kallakurichi District.

MOHAMMED SHAFFIQ, J.

vji 04.06.2025