C.Muthusamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.21296 of 2025 C.Muthusamy ... Petitioner(s) Vs.

1. The District Collector,

2. The District Revenue Officer,

3. The Revenue Divisional Officer, Coimbatore Division,

4. The Tahsildar, Annur Taluk,

5. The Taluk Head Surveyor, Annur Taluk, ... Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct respondents 2 to 5 to take action of the Petitioner's representation dated 27.03.2025, submitted with regard to survey the petitioner's agriculture punja land properties comprised in S.No.88, of 1/6

an extent of Acre 1.96 cents, Vide Patta No.173, along with Electricity Motor consumption No.637, along with routine cart track path, and punja land property comprised in S.No.87, of an extent of 54 cents in and out Acre 2.56 cents, vide Patta No.874, situated at Kattampatti Village, Annur Taluk, Coimbatore District land by meets and bounds, by making proper sub-division. For Petitioner(s) : Mr.V.Logeswaren For Respondent(s) : Mr.P.Sathish Additional 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.

2. The present writ petition is filed praying for a writ of mandamus, to direct respondents 2 to 5 to take action on the Petitioner's representation dated 27.03.2025, seeking to survey the petitioner's agriculture punja land properties comprised in Survey Nos.87 and 88 situated at Kattampatti Village, Annur Taluk,

3. It is submitted by the learned counsel for the petitioner that petitioner's father, Mr.Chinnappan was the original owner of the punja land properties comprised in Survey No.88, admeasuring Acre 1.96 cents, with Patta No.173, 2/6

Electricity Motor consumption No.637, along with cart track path and Survey No.87, admeasuring 54 cents in and out Acre 2.56 cents, with Patta No.874, situated at Kattampatti Village, Annur Taluk, Coimbatore District. It is submitted that the petitioner derived title to the subject property by virtue of a Will dated 12.04.2002 which was executed by Petitioner's father who died on 12.11.2002. It is further submitted by the learned counsel for the petitioner that after considering the documents viz., Will dated 12.04.2002, Death Certificate dated 19.12.2002 and Legal Heir Certificate dated 25.01.2003, the revenue authorities mutated the Patta in petitioner's name and as on date the petitioner is the absolute owner of the subject property and is in enjoyment of the same. 3.1.

It is submitted by the learned counsel for the petitioner that the petitioner submitted a representation on 27.03.2025 before the 4th and 5th respondent requesting to conduct survey of the subject property and has also paid necessary charges. However, no action has been taken by the 4th and 5th respondent till date. Aggrieved by the same the present writ petition has been filed before this Court.

4. On this being pointed out, the learned Additional Government Pleader would submit that they would consider the petitioner's representation dated 27.03.2025 and carry out a survey and complete the process within a time frame 3/6

to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.

5. In view thereof, the writ petition stands disposed of with the direction to the 4th and 5th respondents to consider petitioner's representation dated 27.03.2025 and 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. 17.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp 4/6

To:

1. The District Collector,

2. The District Revenue Officer,

3. The Revenue Divisional Officer, Coimbatore Division,

4. The Tahsildar, Annur Taluk,

5. The Taluk Head Surveyor, Annur Taluk, 5/6

MOHAMMED SHAFFIQ, J.

spp W.P. No.21296 of 2025 17.06.2025 6/6