Alamelu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.No.17592 of 2025 Alamelu ... Petitioner Vs.

1. The District Collector, The Office of District Collectorate, Kallakurichi 606 202.

2. The Thasildar, Ullundurpet Taluk, Kallakurichi.

3. The Land Surveyor, The District Survey Office, Kallakurichi.

4. Ambathe

5. Karpagam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing respondents No.1 to 3 to survey the petitioner's land in lands in survey No.46/1, 46/3, 48/6, 48/8A, 48/3, 49/2, 48/1, 48/2, 48/4 situated at Mepuliyur Village, Ullundurpet Taluk, Kallakurichi District.

1/6

For Petitioner(s) : Dr.A.Thiagarajan for Mr.S.Ramesh Kumar For Respondent(s) : Mr.A.Selvendran Special Government Pleader

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the 4th and 5th respondent is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus, to direct respondents No.1 to 3 to survey the petitioner's land in survey No.46/1, 46/3, 48/6, 48/8A, 48/3, 49/2, 48/1, 48/2, 48/4 situated at Mepuliyur Village, Ullundurpet Taluk, Kallakurichi District.

3. It is submitted by the learned counsel for the petitioner that the agricultural land comprised in Survey Nos. 46/1, 46/3, 48/6, 48/8A, 48/3, 49/2 measuring at 1 Acre and 86 Cents situated at Mepuliyur Village, Ullundurpet Taluk, Kallakuruchi District was purchased by the petitioner vide registered Sale Deed in Doc.No.2856 of 2024 dated 29.08.2024, registered on the file of Sub Registrar, Mangalampettai and Land comprised in S.Nos.48/1, 48/2 and 48/4 2/6

measuring at 89 Cents situated at Mepuliyur Village, Ullundurpet Taluk, Kallakuruchi District was also purchased by the petitioner vide registered Sale Deed in Doc.No.3060 of 2024 dated 30.09.2024 registered on the file of SubRegistrar, Mangalampettai. It is further submitted that since the date of purchase the petitioner is in continous possession and enjoyment of the above said properties.

3.1. It is further submitted by the learned counsel for the petitioner that the petitioner submitted an online application dated 19.02.2025 before the 2nd and 3rd respondents herein to survey the petitioner's property and paid necessary fees. However, the 2nd and 3rd respondents have not considered my application. Aggrieved by the same, the present writ petition has been filed before this Court.

4. The learned Special Government Pleader would submit that the petitioner had taken out an application for survey only in respect of Survey No.46/1 and no application nor survey fee has been paid in respect of other survey numbers.

5. The learned counsel for the petitioner would submit that they would take out an application in respect of the remaining Survey Numbers and would also pay appropriate fees.

3/6

6. The learned Special Government Pleader would submit that if any such application is taken out and appropriate fee is made the survey would be carried out within a time frame fixed by this Court, which was agreed to by the learned counsel for the petitioner.

7. In view thereof, this Court is inclined to issue the following direction: i) In respect of Survey No.46/1 the respondent shall carry out the survey and complete the process after putting the petitioner, adjacent land owners and other interested parties/rival claimants if any on notice, within a period of 8 weeks from the date of receipt of a copy of this order. ii) In respect of remaining survey numbers it is open to the petitioner to take out an online application by paying appropriate survey fees. If any such application is taken out and appropriate fee is made the respondents are directed to carry out the survey and complete the process, after putting the petitioner, adjacent land owners and other interested parties/rival claimants on notice, within a period of 12 weeks from the date of receipt of petitioner's online application.

4/6

8. Accordingly, the writ petition stands disposed of. No costs. 05.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp To:

1. The District Collector, The Office of District Collectorate, Kallakurichi 606 202.

2. The Thasildar, Ullundurpet Taluk, Kallakurichi.

3. The Land Surveyor, The District Survey Office, Kallakurichi.

5/6

MOHAMMED SHAFFIQ, J.

spp 05.06.2025 6/6