Madras High CourtWP/23661/2025disposed of

Muthukumar v. The District Collector

2025-07-02Honourable Mr.Justice Mohammed Shaffiq7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.07.2025 Coram:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Muthukumar

...Petitioner

Versus

1.The District Collector, Erode District, Erode.

2.The District Revenue Officer, Erode District, Erode.

3.The Revenue Divisional Officer, Gobichettipalayam, Erode District.

4.The Tahsildar, Gobichettipalayam Taluk, Gobichettipalayam, Erode District.

5.The Head Surveyor, Gobichettipalayam Taluk, Gobichettipalayam, Erode District.

1/7

6.The Revenue Inspector, Gobichettipalayam Taluk Office, Erode District.

7.The Village Administration Officer, Vellankovil Village, Gobichettipalayam Taluk, Erode District.

8.Mr.V.Chezhiyan 9.Mr.Muthuvijayan 10.Mr.Muthuselvan

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 4 to 7 to survey the land in survey number 300/1B to Extent of 6.66 acres as per Patta No.1239 and FMB Sketch situated at Vellankovil Village, Gobichettipalayam Taluk, Erode District pursuant to the petitioner application No.2025/0123/10/005002 dated 03.06.2025. For Petitioner :

Mr.S.M.Sivasooriyan For Respondents -1 to 7 :

Mr.A.Selvendran, Special Government Pleader 2/7

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the nature of the order that is going to be passed in the present writ petition, notice to respondents 8 to 10 is dispensed with.

2. The present writ petition has been filed for issuance of a writ of mandamus to direct respondents 4 to 7 to survey the land in Survey No.300/1B measuring an extent of 6.66 acres as per Patta No.1239 and FMB Sketch situated at Vellankovil Village, Gobichettipalayam Taluk, Erode District pursuant to the petitioner's Application No.2025/0123/10/005002 dated 03.06.2025.

3. Mr.S.M.Sivasooriyan, learned counsel for the petitioner submitted that the petitioner purchased a land comprised in S.No.300/1B measuring an extent of 6.66 Acres situated at Vellankovil Village, Gobichettipalayam Taluk, Erode District vide Registered Sale Deed Document No.1010 of 2023 dated 02.05.2023. The 4th respondent issued Patta No.1239, Chitta 3/7

and Field Measurement Book (FMB) in respect of the said land in favour of the petitioner, pursuant to which, the petitioner is in possession and enjoyment of the said land.

3.1. It is further submitted by the learned counsel for the petitioner that the petitioner made an Application on 03.06.2025 seeking to measure the boundaries of the subject land based on Patta No.1239, Chitta and Field Measurement Book (FMB) issued in respect of the subject land. After the receipt of petitioner's application, 6th Respondent issued Notice to the petitioner and Mr.A.Thirumurugan, Mr.A.Muthuvijayan (9th respondent) & Mr.Muthuselvan (10th respondent) and fixed a date to survey the subject land.

3.2. The learned counsel for the petitioner also submitted that after the receipt of aforesaid Notice, the 9th respondent made an application before the 1st respondent on 16.06.2025, objecting to survey of the subject land. Under these circumstances, the respondents 1 to 7 have kept the petitioner's application pending without taking any steps to survey the subject land. Hence, the petitioner has filed this writ petition. 4/7

4. Mr.A.Selvendran, learned Special Government Pleader appearing for the respondents 1 to 7 submitted that the appropriate respondent would conduct survey of subject land after issuing notice to the petitioner, respondents 8 to 10, adjacent land owners and any other interested parties.

5. In view thereof, this writ petition stands disposed of directing the appropriate respondent to consider the petitioner's Application dated 03.06.2025 and carry out a survey in the subject land and complete the process, after putting the petitioner, respondents 8 to 10, adjacent land owners and any other interested parties on notice, within a period of eight

(8) weeks from the date of uploading of the web copy of this order without waiting for the receipt of a certified copy of this order. No costs. 02.07.2025 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order 5/7

To 1.The District Collector, Erode District, Erode.