S.Palanisamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Palanisamy ... Petitioner Vs.

1. The District Collector, Office of the Collectorate, Salem District.

2. The Tahsildar, Office of Tahsildar, Gangavalli Taluk, Salem District.

3. The Head Surveyor, Office of Tahsildar, Gangavalli Taluk, Salem District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents 2 & 3 to measure the petitioner's property in survey No.349/6 to a total extent of land about 80 cents Thammampatti Village, Gangavalli Taluk, Salem District by

disposing of the petitioner's online application dated 24.04.2025 vide Petition No.2025/0123/08/009645 and the same within a time to be stipulated by this Court.

For Petitioner :

Mr.A.Rajakumar (VC) For Respondents :

Mr.A.Selvendran Special Government Pleader

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing respondents 2 & 3 to act upon the petitioner's application dated 24.04.2025 wherein petitioner is seeking for measurement of the subject property.

2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that he is the absolute owner of the property comprised in Survey No.349/6, measuring an extent of 80 cents

situated at Thammampatti Village, Gangavalli Taluk, Salem District by virtue of settlement deed dated 24.04.2025 registered as Document No.1098 of 2025 on the file of Thammampatti Sub Registrar Office. Petitioner is in continuous possession and enjoyment of the subject property. It is further submitted that patta was issued in the name of his grandmother vide Patta No.209. An application was submitted on 24.04.2025 for conducting survey of the subject property after paying necessary charges. Since the same was not considered, the present writ petition has been filed.

4. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader appearing for respondents that they will consider the petitioner's application and survey the petitioner's land within a period of eight weeks, which was agreed to by learned counsel for petitioner.

5. In view thereof, this Writ Petition stands disposed of with a direction to the concerned respondent to consider petitioner's application

dated 24.04.2025 to carry out survey and pass appropriate orders after putting petitioner, adjacent land owners and any other interested parties / rival claimants, if any, on notice within a period of eight weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. It is made clear that this Court has not expressed any view with regard to the merits of the case and it is open to the concerned respondent to consider the case on its own merits and in accordance with law. No costs.

17.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The District Collector, Office of the Collectorate, Salem District.

2. The Tahsildar, Office of Tahsildar, Gangavalli Taluk, Salem District.

3. The Head Surveyor, Office of Tahsildar, Gangavalli Taluk, Salem District.

MOHAMMED SHAFFIQ, J.

vji 17.06.2025