Kanakammal v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.07.2025 Coram:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ 1.Kanakammal 2.Rani 3.Raghu 4.Selvakumar 5.Jayakumar 6.C.Prakasam 7.Jagadammal 8.Sridhar

...Petitioners

Versus

1.The Collector, Ranipet District, Ranipet, Pincode - 631 051.

2.The Tahsildar, Nemili Taluk, Ranipet Distict, Pincode - 631 051.

3.The Surveyor, Nemili Taluk Office, Ranipet District, Pincode - 631 051.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to consider the petitioners' representation dated 28.04.2025, directing the respondents to measure and survey and demarcate the petitioners' property by metes and bounds and fixing boundary stones in the petitioners' land measuring 1 Acre 37 cents at 22 Punnai Village, Nemili Taluk, Ranipet 1/6

District comprised in Survey Nos.113/2A, 113/2B, 113/3A, 113/3B, 113/4, 113/5, 113/6A, 113/6B, 113/6C, 113/6D, 113/7A, 113/7B. For Petitioners :

Mr.R.Arunkumar For Respondents :

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.

2. The relief sought in this writ petition is to direct the respondents to consider the petitioners' Representation dated 28.04.2025 and to measure and survey and demarcate the petitioners' property by metes and bounds and fixing boundary stones in the petitioners' land measuring 1 Acre 37 cents at 22 Punnai Village, Nemili Taluk, Ranipet District comprised in Survey Nos.113/2A, 113/2B, 113/3A, 113/3B, 113/4, 113/5, 113/6A, 113/6B, 113/6C, 113/6D, 113/7A & 113/7B.

3. The learned counsel for the petitioners submitted that the petitioners made a Representation dated 28.04.2025 to the respondents requesting to measure, survey and demarcate the property comprised in Survey Nos.113/2A, 113/2B, 113/3A, 113/3B, 113/4, 113/5, 113/6A, 113/6B, 113/6C, 113/6D, 113/7A & 113/7B measuring an extent of 1 Acre 2/6

37 Cents situated at Punnai Village, Nemili Taluk, Ranipet District by fixing boundary stones in the said property, but, the respondents have not yet considered the petitioners' representation. Hence, the petitioners have filed this writ petition.

4. The learned Special Government Pleader appearing for the respondents submitted that if the petitioners submit an Online Application seeking to measure, survey and demarcate the aforesaid property and also, if they pay the necessary fees for carrying out the said exercises, the concerned respondent would consider their Online Application in accordance with law, within a time frame to be fixed by this Court.

5. In view of the limited relief that is prayed, this Court is inclined to dispose of this Writ Petition with the following directions: (i) The petitioners are directed to submit an Online Application seeking to measure, survey and demarcate the aforesaid property and pay the necessary fees for carrying out the said exercises, within a period of four weeks from the date of uploading of the web copy of this order without waiting for the receipt of a certified copy of this order. 3/6

(ii) On submission of such Online Application by the petitioners, the concerned respondent shall consider the same in accordance with law, after issuing notice to the petitioners, adjacent land owners and all other interested parties including rival claimants, if any, within a period of eight weeks thereafter.

(iii) Though facts have been set out extensively in the affidavit, this Court does not propose to deal with it while leaving it open to the respondents to call for any document/conduct enquiry to satisfy itself of the petitioners' entitlement for requesting survey of subject property. (iv) 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. Rights and contentions of the petitioners and all other interested parties are left open. No costs.

04.07.2025 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order To 4/6

1.The Collector, Ranipet District, Ranipet, Pincode - 631 051.

2.The Tahsildar, Nemili Taluk, Ranipet Distict, Pincode - 631 051.

3.The Surveyor, Nemili Taluk Office, Ranipet District, Pincode - 631 051.

MOHAMMED SHAFFIQ, J.

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mrr 04.07.2025 6/6