L.Rajagopal 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.21142 of 2025 L.Rajagopal ... Petitioner(s) Vs.
1. The District Collector, Office of the Collectorate, Salem District.
2. The Tahsildar, Office of Tahsildar, Pethanaickenpalayam Taluk, Salem District.
3. The Head Surveyor, Office of Tahsildar, Pethanaickenpalayam Taluk, Salem District.
... Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd and 3rd respondent to measure the petitioner's land properties in Survey Nos.593/3, 591/1, 600/4, 600/5, 600/6 in Chinnakalrayanmalai Vadakunadu, Pethanaickenpalayam Taluk, Salem District by disposing of the petitioner's online application dated 29.03.2025 vide Challan No.20250329001354.
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For Petitioner(s) : Mr.V.Ranjitha For R1 to R3 : 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 the 2nd and 3rd respondent to measure the petitioner's land properties in Survey Nos.593/3, 591/1, 600/4, 600/5, 600/6 in Chinnakalrayanmalai Vadakunadu, Pethanaickenpalayam Taluk, Salem District by disposing of the petitioner's online application dated 29.03.2025.
3. It is submitted by the learned counsel for the petitioner, that the subject property comprised in Survey No.593/3, admeasuring 0.45 Ares, bearing Patta No.957 and Survey Nos.591/1, 600/4, admeasuring 2 Hectares and 29.50 Ares, bearing Patta No.950, situated in Chinnakalrayanmalai, Vadakunadu, Pethanaicken Palayam Taluk, Salem District, was originally owned by petitioner's grandfather. Upon the death of petitioner's grandfather, petitioner's father Lakshmanan and his brothers Chinnathambi, Periyathambi inherited the above mentioned property.
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3.1. It is submitted by the learned counsel for the petitioner that the petitioner and his brothers viz., Annamalai and Srinivasan jointly purchased the property in Survey Nos.600/5 and 600/6, situated in Chinnakalrayanmalai Vadakunadu, Pethanaicken Palayam Taluk, Salem District, vide Document No.4050 of 2011, registered on the file of Sub Registration Office, Pethanaicken Palayam and duly covered by joint Patta No.3132. It is further submitted that pursuant to an oral partition petitioner and his brothers are enjoying their respective share in the above mentioned properties. 3.2. It is submitted by the learned counsel for the petitioner that the petitioner on behalf of himself and his brothers submitted an online application dated 29.03.2025 before the respondents, seeking to measure the petitioner's properties and had paid necessary charges. However, the respondents have not taken any steps to measure the petitioner's property. Aggrieved by the same, the present writ petition has been filed before this Court.
4. On this being pointed out, the learned Special Government Pleader would submit that they would consider the petitioner's online application dated 29.03.2025, carry out a survey and complete the process within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.
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5. In view thereof, the writ petition stands disposed of with the direction to the respondents to consider petitioner's online application dated 29.03.2025 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, brothers Annamalai and Srinivasan, 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, Office of the Collectorate, Salem District.
2. The Tahsildar, Office of Tahsildar, Pethanaickenpalayam Taluk, Salem District.
3. The Head Surveyor, Office of Tahsildar, Pethanaickenpalayam Taluk, Salem District.
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MOHAMMED SHAFFIQ, J.
spp W.P. No.21142 of 2025 17.06.2025 6/6