Madras High CourtWP/17150/2025disposed of

A. Vikkiramani v. The District Collector

2025-06-03Honourable Mr Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ A.Vikkiramani ... Petitioner Vs.

1. The District Collector, Krishnagiri District, Krishnagiri.

2. The District Revenue Officer, Krishnagiri District, Krishnagiri.

3. The Revenue Divisional Officer, Krishnagiri District, Krishnagiri.

4. The Tahsildar, Krishnagiri Taluk, Krishnagiri District.

5. Ravichandran ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the fourth respondent to conduct survey and demarcate the boundaries based on the application made by the petitioner dated 04.10.2021, in respect of the property comprised in Survey No.789/1, measuring to an extent of 32 cents, situated at Benganapalli Village, Krishnagiri Taluk & District, based on the representations made by the petitioner dated 05.02.2025 and 21.02.2025. For Petitioner :

Mr.C.Prabakaran For Respondents :

Mr.P.Sathish Addl. Govt. Pleader for R1 to R4

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the fourth respondent to act upon the representations submitted by the petitioner on 05.02.2025 and 21.02.2025 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. Since no adverse order is going to be passed, notice to the fifth respondent is dispensed with.

3. The grievance of the petitioner is that the property comprised in Survey No.789/1 originally belongs to the petitioner's grandfather, Periyasamy. After his demise, his sons were in joint enjoyment and possession of the property. Later, the petitioner acquired the said property and secured patta in his favour and all the revenue records were mutated in his name. The adjacent land owner, who established a Theater had encroached the said property. Due to the dispute, the petitioner applied for conducting survey and demarcating the boundaries. As the same was not considered, the petitioner filed W.P.No.6545 of 2013 for consideration of his application and the same was allowed. The petitioner made various applications to the first respondent for conducting survey of his property. However, the survey was not conducted. Hence the present writ petition has been filed.

4. It is submitted by the learned counsel for the petitioner that petitioner has remitted necessary charges as early as on 04.10.2021 in

respect of the subject property. He also submits that he made representation on 21.02.2025 for survey and fixing boundaries, however, the same has not been considered by the third respondent.

5. At the outset, it is submitted by Mr.P.Sathish, learned Additional Government Pleader for official respondents that they will consider the petitioner's representation and measure the petitioner's land and survey the same within a period of four 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 the direction to the concerned respondent to consider the representation of petitioner dated 21.02.2025 and measure the petitioner's land property and pass appropriate orders after putting the petitioner, fifth respondent, adjacent land owners and any other interested parties on notice within a period of four 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.

03.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To

1. The District Collector, Krishnagiri District, Krishnagiri.

2. The District Revenue Officer, Krishnagiri District, Krishnagiri.

3. The Revenue Divisional Officer, Krishnagiri District, Krishnagiri.

4. The Tahsildar, Krishnagiri Taluk, Krishnagiri District.

MOHAMMED SHAFFIQ, J.

vji 03.06.2025