Arivazhagan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Arivazhagan ... Petitioner(s) Vs.
1. The District Collector, Dharmapuri District.
2. The District Revenue Officer, Dharmapuri District.
3. The Tahsildar, Karimangalam Taluk, Dharmapuri District.
4. The Land Surveyor, Karimangalam Taluk, Dharmapuri District.
5. The Village Administrative Officer, Kondachamanahalli Village, Dharmapuri District.
... Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 3rd respondent to dispose of petitioners application dated 18.07.2024, to survey and mark the boundaries for 1/6
the lands in Survey No.14/3B2 & 14/5 situated at Kondachamanahalli Village, Karimangalam Taluk, Dharmapuri District.
For Petitioner(s) : Mr.Krishnasamy Chinnasamy (VC) For Respondent(s) : Mr.S.Jayachandran Government Advocate
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 3rd respondent to dispose of petitioners application dated 18.07.2024, seeking to survey and mark the boundaries for the lands in Survey No.14/3B2 & 14/5 situated at Kondachamanahalli Village, Karimangalam Taluk, Dharmapuri District.
3. It is submitted by the learned counsel for the petitioner that the petitioner is the absolute owner of the property comprised in Survey Nos.14/3 and 14/5, measuring an extent of 0.54.65 hectares and 0.06.07 hectares, situated at Kondachamanahalli Village, Karimangalam Taluk, Dharmapuri District. It is further submitted that petitioner purchased the above property by a sale deed 2/6
registered as Doc.No.916 /2020.
3.1. It is submitted by the learned counsel for the petitioner that adjacent land owner, trespassed into the petitioner's property and threatened to sell the property. Aggrieved, petitioner filed a suit in O.S.No.82 of 2022 before the Sub Court, Palacode. The suit was decreed confirming the title of the petitioner and permanent injunction was passed against the defendants. 3.2. It is submitted by the learned counsel for the petitioner that after the disposal of the suit, petitioner submitted an application before the respondents on 18.07.2024 to survey and mark the boundaries of the petitioner's property. However, the respondents has not taken any steps till date. Aggrieved by the same the present writ petition has been filed before this Court.
4. On this being pointed out, the learned Government Advocate would submit that they would consider the petitioner's application dated 18.07.2024, carry out a survey and demarcate the subject property and complete the process 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 a direction to the respondents to consider petitioner's application dated 18.07.2024, carry out a 3/6
survey and demarcate the subject property and complete the process, after giving prior notice to the petitioner, adjacent land owners and other interested parties including rival claimants if any, within a period of 8 weeks from the date of uploading of web copy without waiting for the receipt of certified copy. 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. 11.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp 4/6
To:
1. The District Collector, Dharmapuri District.
2. The District Revenue Officer, Dharmapuri District.
3. The Tahsildar, Karimangalam Taluk, Dharmapuri District.
4. The Land Surveyor, Karimangalam Taluk, Dharmapuri District.
5. The Village Administrative Officer, Kondachamanahalli Village, Dharmapuri District.
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MOHAMMED SHAFFIQ, J.
spp 11.07.2025 6/6