Senniyappan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ 1.Senniyappan 2.Thimmanaicker ... Petitioner(s) Vs.
1.The District Collector, Erode District.
2.The District Revenue Officer, Erode District.
3.The Revenue Divisional Officer, Erode District.
4.The Tahsildar, Perundurai Taluk, Perundurai, Erode District.
5.The Taluk Head Surveyor, Perundurai Taluk, Perundurai, Erode District.
...Respondent(s)
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Respondents to take action of the petitioner's representation dated on 13.12.2024 and 1/8
29.05.2025 submitted with regard to survey the petitioner's agriculture land property comprised in Old Survey No.206, for a extent of Acres 1.34 1⁄2 cents, and Old Survey No.207, for a extent of Acres 1.58 1⁄2 cents, in and out of total extent of Acre 2.93 1/3 cents, vide Patta No.1887 and 1888 and following the Re-survey Nos.
177/1 1.83.50 177/2 0.14.00 177/3 0.10.00 177/4 0.06.50 177/5 0.23.00 177/6 0.05.50 177/7 0.05.50 177/8 0.10.00 177/9 0.18.50 177/10 0.05.50 177/11 0.07.00 177/12 0.24.50 177/13 0.21.50 178/4 0.13.50 178/5 0.33.50 178/6 0.11.50 178/8 0.30.50 178/10 0.09.00 178/11 0.06.00 178/12 0.11.50 178/13 0.17.00 2/8
178/14 0.11.00 178/15 0.06.00 178/16 0.05.00 178/17 0.05.00 178/18 0.07.50 178/19B 0.49.20 situated at Karukkuppalayam Village, Perundurai Taluk, Erode District, by meets and bounds and making proper sub division. For Petitioner(s) : Ms.M.Jayanthi for Mr.V.Logeswaren For Respondent(s) : Mr.A.Selvendran for R1 to R5 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 respondents to take action on the petitioner's representation dated on 13.12.2024 and 29.05.2025 submitted with regard to survey the petitioner's agriculture land property comprised in Old S.No.206, measuring an extent of acres 1.34 1⁄2 cents, and Old S.No.207, measuring an extent of acres 1.58 1⁄2 cents, in and out of total extent of 3/8
acre 2.93 1/3 cents, vide Patta No.1887 and 1888 and following resurvey numbers situated at Karukkuppalayam Village, Perundurai Taluk, Erode District and to make proper sub division. 177/1 1.83.50 177/2 0.14.00 177/3 0.10.00 177/4 0.06.50 177/5 0.23.00 177/6 0.05.50 177/7 0.05.50 177/8 0.10.00 177/9 0.18.50 177/10 0.05.50 177/11 0.07.00 177/12 0.24.50 177/13 0.21.50 178/4 0.13.50 178/5 0.33.50 178/6 0.11.50 178/8 0.30.50 178/10 0.09.00 178/11 0.06.00 178/12 0.11.50 178/13 0.17.00 178/14 0.11.00 178/15 0.06.00 178/16 0.05.00 4/8
178/17 0.05.00 178/18 0.07.50 178/19B 0.49.20 3.It is submitted by the learned counsel for the petitioner that petitioner's mother viz., T.Senniammal along with one Mr.Bomma Naicker purchased the subject property from one Karuppanna Gounder and Perumal Gounder vide Sale Deed dated 13.09.1971, registered as Document No.1423/1971 and ever since, they have been in continuous possession and enjoyment of the same. After the demise of petitioner's mother, petitioners being the legal heirs remained in possession and enjoyment of subject property along with the said Bomma Naicker. Thereafter, the said Bomma Naicker conveyed his share to third party. 4.It is further submitted that petitioner submitted representations dated 13.12.2024 and 29.05.2025 to the respondents seeking survey of the subject property. However, the above representations has not been considered by the respondents till date. Hence, the present writ petition has been filed before this Court.
5.At the outset, learned Special Government Pleader for the 5/8
respondents would submit that the petitioner applied for survey the property in respect of S.No.177/2 and S.No.178/4, they would conduct survey of the subject property within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner. 6.In view thereof, the writ petition stands disposed of with a direction to the respondents to conduct survey of the subject property, after putting the petitioner, adjacent land owners and other interested parties including rival claimants, if any, on notice, within a period of 8 weeks from the date of receipt of a copy of this order. 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. 25.06.2025 Index : Yes/ No Speaking / Non Speaking Order pam To 1.The District Collector, Erode District.
2.The District Revenue Officer, 6/8
Erode District.
3.The Revenue Divisional Officer, Erode District.
4.The Tahsildar, Perundurai Taluk, Perundurai, Erode District.
5.The Taluk Head Surveyor, Perundurai Taluk, Perundurai, Erode District.
7/8
MOHAMMED SHAFFIQ, J.
pam 25.06.2025 8/8