Mythili v. The District Collector
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 25.06.2025
CORAM:
THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ Mythili ..
Petitioner Vs.
1. The District Collector O/o. The District Collector Namakkal - Post & District.
2. The Assistant Director O/o. District Land Survey and Record Department Namakkal - Post & District.
3. The Tahsildar O/o. The Tahsildar Kolli Hills - Taluk & Post Namakkal - District.
4. The Taluk Surveyor O/o. The Tahsildar Kolli Hills - Taluk & Post Namakkal - District.
..
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 2 and 3 to conduct the survey the petitioner's land comprised in 1) S.No.248 (New Survey No.978/1) to an extent of 20 cents, 2) S.No.247/3 (New Survey No.998) to an extent of 61 3⁄4 cents, 3) S.No.246 (New Survey No.977/4) to an extent of 7 1⁄2 cents, 4) S.No.248 (New Survey No.978/1) to an extent of 31 3⁄4 cents, 5) S.No.247/3 (New Survey No.998) to an extent of 15 cents and 11 cents, 6) S.No.247/1 (New Survey No.979/1) to an extent of 23 7/8 Page No.1 of 6
cents and 7) S.No.247/3 (New Survey No.998) to an extent of 1 1⁄2 cents totally to an extent of 1.73 acres as per the Document No.1294/2019 on the file of the Sub-Registrar, Senthamangalam dated 20.05.2019 based on the online application in E-Challan No.20240909007963 dated 09.09.2024 and representation dated 20.03.2025.
For Petitioner :
Mr.D.Veerasekharan For Respondents :
Mr.A.Selvendran Special Government Pleader
ORDER
By the consent of both parties, the present writ petition is taken up for final disposal at the admission stage itself.
2. The present writ petition is filed seeking a writ of mandamus, to direct the third respondent Tahsildar to conduct a survey on the lands comprised in S.No.248 (New Survey No.978/1) to an extent of 20 cents, S.No.247/3 (New Survey No.998) measuring an extent of 61 3⁄4 cents, S.No.246 (New Survey No.977/4) measuring an extent of 7 1⁄2 cents, S.No.248 (New Survey No.978/1) measuring an extent of 31 3⁄4 cents, S.No.247/3 (New Survey No.998) measuring an extent of 15 cents and 11 cents, S.No.247/1 (New Survey No.979/1) measuring an extent of 23 7/8 cents and S.No.247/3 (New Survey No.998) measuring an extent of 1 1⁄2 cents, situated in Valappurnadu, Kollimalai, Namakkal Page No.2 of 6
District.
3. It is submitted that originally, the subject properties were owned by Thettupillai Vellaiyan and Thettupillai Ramachandran. Both Thettupillai Vellaiyan and Thettupillai Ramachandran died on 28.10.2001 and 28.08.2007 respectively. The legal heirs of the said Thettupillai Vellaiyan and Thettupillai Ramachandran jointly sold the subject properties to the petitioner vide the Document No.1294 of 2019, which has been registered on the file of the Sub Registrar, Sendamangalam, on 20.05.2019.
4. The petitioner has thereafter taken out an online application on more than one occasions, one of them being on 09.09.2024, for conducting survey of the subject properties.
5. At the outset, Mr.A.Selvendran, learned Special Government Pleader for the respondents would submit that the survey would be carried out and a report would be submitted within a period of eight weeks from the date of receipt of the uploaded copy of this order. The same stands agreed to by the learned counsel for the petitioner.
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6. In view thereof, the writ petition stands disposed of with the direction to the respondents to carry out a survey, place boundary stones 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, adjacent land owners and/or any 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. There shall be no order as to costs.
25.06.2025 Index:Yes/No Speaking order/Non-speaking order drm Page No.4 of 6
To:
1. The District Collector O/o. The District Collector Namakkal - Post & District.
2. The Assistant Director O/o. District Land Survey and Record Department Namakkal - Post & District.
3. The Tahsildar O/o. The Tahsildar Kolli Hills - Taluk & Post Namakkal - District.
4. The Taluk Surveyor O/o. The Tahsildar Kolli Hills - Taluk & Post Namakkal - District.
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MOHAMMED SHAFFIQ, J.
(drm) 25.06.2025 Page No.6 of 6