Velmurugan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ 1.Velmurugan 2.Padma Sulochana ... Petitioner Vs.

1.The District Collector, Coimbatore District, Coimbatore.

2.The Tahsildar, Perur Taluk Office, Perur, Coimbatore -641010.

3.The Head Surveyor, Madhampatti Sub-Taluk, Perur Taluk, Coimbatore-641 010.

4.Periyasamy 5.Poojari Ganesan 6.V.Loganathan 7.R.M.Vishwanathan

...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the second respondent having Reference No.Na.Ka.2062/2024/A1 dated 27.05.2025 and quash the same and consequently direct the respondents 1-3 to cause survey of the subject land admeasuring an extent of 0.20 acres comprised in Survey no.5/1 and 6/1 (now sub-divided as Survey Nos.5/1B2A2 and 6/1B2) situated at Theethipalayam Village, Perur Taluk, Coimbatore, and consequently erect boundary stones clearly demarcating the subject land belonging to the petitioners at the cost and expenses of the petitioners within a time frame to be stipulated by this Court and pass orders.

For Petitioner(s) : Mr.K.Rajkumar For Respondent(s) : Mr.A.Selvendran Special Government Pleader for R1 to R3

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 order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to respondent Nos.4 to 7 is dispensed with. 2/6

2. The present writ petition is filed challenging the order passed by the second respondent dated 27.05.2025, whereby, the petitioner's request to conduct survey was rejected in respect of the property comprised in Survey No.5/1 and 6/1 (now sub-divided as Survey Nos.5/1B2A2 and 6/1B2) admeasuring an extent of 0.20 acres situated at Theethipalayam Village, Perur Taluk, Coimbatore.

3. It is submitted by the learned counsel for the petitioners that the first petitioner's mother along with second petitioner purchased the subject property vide Document No.1022/1985 dated 21.08.1985 on the file of SRO, Thondamuthur. Subsequently, petitioner's mother executed a settlement deed bearing Document No.884 of 2024 dated 01.02.2024 on the file of SRO, Thondamuthur in favour of petitioner in respect of her share in the subject property. The petitioner has already filed an online application dated 05.12.2023 to conduct survey in the subject property and has also paid necessary charges for the same. However the second respondent by order in Na.Ka.No.262/2024/A1 dated 27.05.2025 rejected the request made by the petitioner. Hence, the petitioners have come before this court. 3/6

4. After arguing for a brief while, learned counsel for the petitioners seeks liberty of this Court to file an appeal in terms of Section 11 of the Tamil Nadu Survey and Boundaries Act, 1923, against the order dated 27.05.2025.

5. At the outset, it was submitted by the learned Special Government Pleader for respondents 1 to 3 that if an appeal is filed by the petitioner, challenging the order dated 27.05.2025, within a time frame to be fixed by this Court, the same would be considered and appropriate orders would be passed, which was agreed to by the learned counsel for petitioner.

6. In view thereof, it is open to the petitioners to file an appeal within a period of one week from the date of uploading of this order and if any such appeal is filed within the said period, the official respondents shall consider the same on its own merits and passed orders in accordance with law, after issuing notice to the petitioner, respondents 4 to 7 and any other interested parties, without reference to limitation. 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 case on its own merits and in accordance with law. 4/6

7. Accordingly, the writ petition stands disposed of. There will be no order as to costs.

08.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn To:

1.The District Collector, Coimbatore District, Coimbatore.

2.The Tahsildar, Perur Taluk Office, Perur, Coimbatore -641010.

3.The Head Surveyor, Madhampatti Sub-Taluk, Perur Taluk, Coimbatore-641 010.

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MOHAMMED SHAFFIQ, J.

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