P.Balasubramani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ P.Balasubramani ... Petitioner Vs.

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

2. The Tahsildar, Office of the Tahsildar, Pethanaickenpalayam Taluk, Salem District.

3. The Head Surveyor, Office of Tahsildar, Pethanaickenpalayam 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 land property in Survey No.197/2 to an extent of about 1 acre 49 cents and in Survey No.199/8 to an extent of about 1 acre 51

cents in Soolankurichi Village, Pethanaickenpalayam Taluk, Salem District by disposing of the petitioner's online application dated 04.10.2023 vide Challan No.20231004007298 within a time to be stipulated by this Court. For Petitioner :

Ms.V.Ranjitha For Respondents :

Mr.P.Sathish Additional Government Pleader

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents 2 & 3 to act upon the application submitted by the petitioner on 04.10.2023 wherein the petitioner has sought 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. It is submitted by learned counsel for petitioner that the petitioner has purchased the property comprised in Survey No.197/2

admeasuring an extent of 1 acre 49 cents and in Survey No.199/8, admeasuring to an extent of 1 acre 51 cents situated at Soolankurichi Village, Pethanaickenpalayam Taluk, Salem District vide sale deed dated 29.08.2018 registered as Document No.2474 of 2018 on the file of Pethanaickenpalaam Sub Register Office. It is further submitted that the joint patta was also issued in his name by the Revenue Officials vide Patta Nos.406 and 781. An application was submitted before the respondents seeking measurement 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 was submitted by learned Additional Government Pleader for respondents that they will consider the petitioner's application and measure the petitioner's land within a period of eight weeks from the date of receipt of a copy of this order, which was agreed to by the learned counsel for petitioner.

5. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the concerned respondent, to consider the application dated 04.10.2023 to measure the subject property and complete the process within a period of eight weeks from the date of receipt of a copy of this order after giving prior notice to the petitioner, adjacent land owners and rival claimants if any. 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 matter on its own merits and in accordance with law.

6. Accordingly, the Writ Petition stands disposed of. No costs. 12.06.2025 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 the Tahsildar, Pethanaickenpalayam Taluk, Salem District.

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

MOHAMMED SHAFFIQ, J.

vji 12.06.2025