A.Vellayan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN A.Vellayan ... Petitioner -Vs1. The District Collector, Salem District, Salem.

2. The Sub Collector, Mettur Dam-1, Mettur Taluk, Salem District.

3. The Assistant Director, Land Survey Records, Salem District, Salem-1.

4. The Tahsildar, Mettur Taluk Office, Salem District.

5. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Salem District.

... Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the 4th respondents to consider the claim of the petitioner with regard to survey and demarcate the boundaries in the temple property situated in Survey No.145/15, measuring 2.16.5 Hectare of land Banapuram village, Muthampatty Post, Mettur Taluk, Salem District and pass orders within a limited time frame in the light of the petitioner's representation dated 16.11.2024.

For Petitioner : Mr.G.Punniakoti For R1 to R4 : Mr.P.Ganesan Government Advocate O RDER This Writ Petition has been filed for direction directing the 4th respondent to consider the claim of the petitioner with regard to survey and demarcate the boundaries in the temple property situated in Survey No.145/15, measuring 2.16.5 Hectare of land Banapuram village, Muthampatty Post, Mettur Taluk, Salem District.

2. Heard the learned counsel for the petitioner, the learned Government Advocate for the respondents 1 to 4 and perused the materials available on record.

3. The petitioner is the Vice President of Kathavaraya Swami Thirukoil and he owned the property comprised in Survey No.145/15, admeasuring 2.16.5 Hectare situated at Banapuram village, Muthampatty Post, Mettur Taluk, Salem District. In order to survey the subject property, he had submitted a representation and also paid the requisite fees. However, so far, no steps have been taken by the respondents to survey the subject property.

4. In view of the above, the fourth respondent is directed to survey the petitioner's aforesaid land based on the title deed produced by the petitioner, after issuance of notice to the adjacent land owners and counter parties, if any, and to serve the survey report to the petitioner, within a period of six weeks from the date of receipt of copy of this order. It is made clear, that if the surveyor finds any difficulty or hindrance from any third party while surveying the petitioner's property, he can very well approach the concerned jurisdictional police to seek police aid. On receipt of the same, the concerned jurisdictional police shall provide adequate police protection to conduct survey on the

petitioner's property. It is also made clear that the subject property is classified as Sarkar Poramboke, in which the temple called Kathavaraya Swami Thirukoil is situated. If there is any encroachment by third parties, the revenue authorities are directed to remove the encroachment if any in the subject property, in the manner known to law.

5. With the above directions, this writ petition stands disposed of. No costs.

17.10.2025 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

To

1. The District Collector, Salem District, Salem.

2. The Sub Collector, Mettur Dam-1, Mettur Taluk, Salem District.

3. The Assistant Director, Land Survey Records, Salem District, Salem-1.

4. The Tahsildar, Mettur Taluk Office, Salem District.

5. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Salem District.

G.K.ILANTHIRAIYAN. J, mn 17.10.2025