G.Karpagavalli v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ G.Karpagavalli ... Petitioner Vs.
1.The District Collector, Tiruvallur District, Tiruthani Road, Jaya Nagar, Tiruvallur-602001.
2.The Tahsildhar, Ponneri Taluk, T.V.Puram, Tiruvallur-601204.
3.Taluk Surveyor, Ponneri Taluk, T.V.Puram, Tiruvallur-601204.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent Nos.2 and 3 to survey and fix four boundaries of the petitioner's land in Survey No.877/1C1 the land measuring 407 square meters out of 4380 square feet situated at Neithavayal Village, Ponneri Taluk, Tiruvallur District in the light of petitioner's representation dated 05.10.2020 and pass orders. 1/6
For Petitioner(s) : Mr.K.Senthil For Respondent(s) : 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 present writ petition is filed praying for a writ of mandamus to direct the respondent Nos.2 and 3 to survey and fix four boundaries of the petitioner's land comprised in Survey No.877/1C1, measuring 407 square meters out of 4380 square feet situated at Neithavayal Village, Ponneri Taluk, Tiruvallur District in the light of petitioner's representation dated 05.10.2020.
3. It is submitted by the learned counsel for the petitioner that the petitioner purchased the subject property by way of a sale deed in Document No.1823/2010 dated 18.03.2010 on the file of SRO, Ponneri and patta also stands in the name of the petitioner in Patta No.6769 in respect of the subject property. Thereafter, the petitioner submitted representation dated 05.10.2020 before the second respondent seeking to survey the subject property and fix boundaries and has also paid necessary charges. However, the said 2/6
representation was not considered by the second respondent. Hence the petitioner has filed the present writ petition.
4. It is submitted by the learned counsel for the petitioner that the receipt regarding payment of survey fee shows the survey number of petitioner's land as 877/1C1B: whereas in fact the petitioner is the owner of the property in respect of the land comprised in Survey No.877/1C1, the prayer in the writ petition as well as the sale deed dated 18.03.2010 also mentions Survey No. as S.No.877/1C1.
5. Learned counsel for the petitioner would seek liberty to take out a fresh application to survey and fix boundaries in respect of the above survey No.877/1C1.
6. On this being pointed out, the learned Special Government Pleader would submit that if an online application is taken out in respect of the Survey No.877/1C1, the respondents would consider the same and carry out a survey and fix four boundaries, if the same is otherwise in order, in accordance with law, 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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7. In view thereof, it is open to the petitioner to file an online application in respect of the Survey No.877/1C1 and if any such online application is filed by the petitioner, the respondents shall consider the same and carry out a survey and fix four boundaries in respect of Survey No.877/1C1 and complete the process, within a period of twelve (12) weeks from the date on which the online application is filed by the petitioner, 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.
8. Accordingly, the writ petition stands disposed of. No costs. 16.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn 4/6
To:
1.The District Collector, Tiruvallur District, Tiruthani Road, Jaya Nagar, Tiruvallur-602001.
2.The Tahsildhar, Ponneri Taluk, T.V.Puram, Tiruvallur-601204.
3.Taluk Surveyor, Ponneri Taluk, T.V.Puram, Tiruvallur-601204 5/6
MOHAMMED SHAFFIQ, J.
mrn 16.06.2025 6/6