Tamilarasan Selvaraj v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.No.25622 of 2025 Tamilarasan Selvaraj ... Petitioner(s) Vs.
1.The District Collector, Office of the Collectorate, Namakkal District.
2.The Revenue Divisional Officer, RDO Office, Sendhamangalam, Namakkal.
3.The Tahsildar, Sendhamangalam, Namakkal.
4.The Chief Engineer, (NABARD & Rural Roads), 5.The Assistant Divisional Engineer, Sendhamangalam, Namakkal District.
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6.The Chief Engineer, Construction and Maintenance, 7.The Assistant Director, District Survey Office, Namakkal. ... Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents to consider the representation of the petitioner dated 13.06.2025 and re conduct the survey on the basis of the assignment patta given to the petitioner and to identify the encroachment on the basis of the survey within the time as fixed by this Hon'ble High Court. For Petitioner(s) : Ms.T.Dharani For Respondent(s) : Mr.P.Sathish for R1 to R7 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 respondents to consider the petitioner's representation dated 13.06.2025 and to conduct survey on the basis of assignment patta issued to the petitioner and to identify the encroachment on the basis of survey.
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3. It is submitted by the learned counsel for the petitioner that the petitioner submitted a representation dated 13.06.2025, before the respondents seeking to conduct survey on the basis of assignment patta in Patta No.HSD.618/F/415/05-06, in respect of the property comprised in Survey No.268/3A, admeasuring 412 Sq.ft, situated at Namakkal District. However, the respondents has not considered the petitioner's representation till date. Aggrieved by the same, the present writ petition has been filed before this Court.
4. On this being pointed out, learned Additional Government Pleader would submit that they would consider the petitioner's representation dated 13.06.2025 and carry out survey 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.
5. In view thereof the writ petition stands disposed of with following directions;
i) The respondents shall consider the representation dated 13.06.2025, in accordance with law, after issuing notice to the petitioner, adjacent land owner and all other interested parties including rival 3/6
claimants, if any.
ii) 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 petitioner's entitlement for requesting survey of subject property. iii) The entire process shall be completed within a period of 4 weeks from the date of uploading of web copy without waiting for the receipt of certified copy.
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 petitioner and all other interested parties are left open.
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To 1.The District Collector, Office of the Collectorate, Namakkal District.
2.The Revenue Divisional Officer, RDO Office, Sendhamangalam, Namakkal.
3.The Tahsildar, Sendhamangalam, Namakkal.
4.The Chief Engineer, (NABARD & Rural Roads), 5.The Assistant Divisional Engineer, Sendhamangalam, Namakkal District.
6.The Chief Engineer, Construction and Maintenance, 7.The Assistant Director, District Survey Office, Namakkal.
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MOHAMMED SHAFFIQ, J.
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