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Madras High CourtWP/17778/2025disposed of

V.Devaraj v. The District Collector

2025-06-05Honourable Mr Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ V.Devaraj Petitioner(s) Vs 1.The District Collector, District Collector Office, Coimbatore, Coimbatore District.

2.The Tahsildar, Tahsildar Office, Land and Survey Office, Pollachi, Coimbatore District.

Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus direction to the 2nd respondent herein to Re Survey in respect of lands comprised in S No. 1)494/A2 2) 494/A4 3)497/2 4)497/3 5)497/6 6)498/2 7)498/4, 8)498/6 9)499/2 10)499/5 11)500/2B3 12)500/2B5 situate at Komangalam village, Pollachi Taluk, Coimbatore District.

For Petitioner(s) : Mr.M.N.Balakrishnan 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. 1/4

2. The present writ petition is filed praying for a writ of mandamus direction to the 2nd respondent to re-survey the lands comprised in S.Nos. 494/A2, 494/A4, 497/2, 497/3, 497/6, 498/2, 498/4, 498/6, 499/2, 499/5, 500/2B3 and 500/2B5 situated at Komangalam village, Pollachi Taluk, Coimbatore District.

3. The petitioner states he is the owner of the lands comprised in Survey Nos. 494/A2, 494/A4, 497/2, 497/3, 497/6, 498/2, 498/4, 498/6, 499/2, 499/5, 500/2B3 and 500/2B5 situated at Komangalam village, Pollachi Taluk, Coimbatore District, and he has been in possession and enjoyment of the same. A release deed was executed by petitioner's mother and sister in his favour vide document bearing Document No.421 of 1993. Petitioner had made an online application seeking survey of subject lands and also paid appropriate court fees. It is further stated that the survey was carried out on 11.01.2024, however, survey was not carried out correctly. Thereafter, petitioner made an online application on 24.09.2024 seeking re-survey of subject lands and paid appropriate fees as early as on 26.09.2024, however, the same has not been considered by respondents. Hence this writ petition. 2/4

4. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader for respondents that they would consider the petitioner's online application dated 24.09.2024, seeking re-survey of subject lands and pass appropriate orders within the time period stipulated by this Court. Agreed to by the learned counsel for petitioner.

5. In view thereof, the writ petition stands disposed of with the direction to the appropriate respondent to consider the petitioner's representation/ application, carry out a survey and complete the process within a period of 8 weeks from the date of receipt of a copy of this order after giving prior notice to the petitioner, adjacent land owners and other interested parties including rival claimants, if any. 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. 05.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 3/4

MOHAMMED SHAFFIQ, J.

mka To:

1.The District Collector, District Collector Office, Coimbatore, Coimbatore District.

2.The Tahsildar, Tahsildar Office, Land and Survey Office, Pollachi, Coimbatore District.

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