Geetha v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 04.07.2025 Coram:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Geetha
...Petitioner
Versus
1.The District Collector, Collector Office Road, Moovendar Nagar, Villupuram District - 605 602.
2.The Assistant Director of Survey & Land Records, Collectorate Master Plan Complex, Moovendar Nagar, Villupuram - 605 602.
3.The Tahsildar, Marakkanam Taluk Office, Marakkanam, Villupuram District - 605 602.
4.Head Surveyor, Marakkanam Taluk Office, Marakkanam, Villupuram District - 604 303.
5.Surveyor (Marakkanam South Village), Marakkanam Taluk Office, Marakkanam, Villupuram District - 604 303.
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6.Village Administrative Officer, Marakkanama South Village, Marakkanam Taluk, Villupuram District - 604 303.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records relating to the impugned letter of the 3rd Respondent issued vide Na.Ka.F.113/2025 dated .04.2025 and to quash it as illegal, biased and unconstitutional and consequently direct the respondents to survey the petitioner lands comprised under Survey No.701/5C1A1 situated in Marakkanam (South) Village, Marakkanam Taluk, Villupuram District and correctly determine its four boundaries to put stones on the said four boundaries of the petitioner land for easy identification, in accordance to law within a time stipulated by this Court.
For Petitioners :
Mr.S.Abu Backer Sidhic For Respondents :
Mr.A.Selvendran, Special 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. 2/8
2. The relief sought in this writ petition is to quash the Letter dated .04.2025 bearing Na.Ka.F.113/2025 issued by the 3rd respondent and to direct the respondents to survey the petitioner lands comprised in Survey No.701/5C1A1 situated at Marakkanam (South) Village, Marakkanam Taluk, Villupuram District and mark four boundaries and place stones on the said four boundaries of the petitioner's land for easy identification, in accordance with law, within a time stipulated by this Court.
3. The learned counsel for the petitioner submitted that the petitioner made an Application to the 2nd respondent, requesting to survey and determine the boundaries for removing and putting up a fresh iron barbed fence to her lands comprised in Survey No.701/5C1A1 situated at Marakkanam (South) Village, Marakkanam Taluk, Villupuram District. 3.1. It is further submitted by the learned counsel for the petitioner that on 27.08.2024, the surveyors visited the petitioner's land for measuring the land, however, they did not conduct the survey properly. Consequently, the petitioner made the same request again, by filing another Application. 3/8
It is submitted that on 09.10.2024, the surveyors once again visited the petitioner's land, but, the survey was still not properly conducted. Therefore, the petitioner made a Representation dated 28.01.2025 to the respondents 1 to 3.
3.2. The learned counsel for the petitioner also submitted that the 2nd respondent vide Letter Ref.No.Na.Ka.No.A3/0435/2025 dated 11.02.2025, directed the 3rd respondent to take immediate and proper action on petitioner's Representation. It is submitted that the 3rd respondent sent a Letter dated .04.2025 bearing Na.Ka.F.113/2025, stating that a proper survey of four boundaries of petitioner's land were done and shown to the petitioner. Aggrieved by the Letter dated .04.2025 issued by the 3rd respondent, the petitioner has filed this writ petition for the relief stated supra.
4. The learned Special Government Pleader appearing for the respondents submitted that if the petitioner submits an Online Application for conducting survey in her land and for determining the boundaries and pays the necessary fees for carrying out the said exercise, the concerned 4/8
respondent would consider the petitioner's Online Application in accordance with law, within a time frame to be fixed by this Court.
5. The above submission made by the learned Special Government Pleader for the respondents has been fairly conceded by the learned counsel for the petitioner.
6. Considering the limited relief sought by the petitioner, this Writ Petition is disposed of on the following terms: (i) The petitioner is directed to submit an Online Application for conducting survey in her land and for determining the boundaries and pay the necessary fees for carrying out the said exercise, within a period of four 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. (ii) If such Online Application is submitted by the petitioner, the concerned respondent shall consider the same in accordance with law, after issuing notice to the petitioner, adjacent land owners and all other interested parties including rival claimants, if any, within a period of eight weeks from the date of submission of Online Application by the petitioner. 5/8
(iii) 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. (iv) If the respondents call for any documents from the petitioner and if the respondents conduct enquiry, the petitioner shall participate in the enquiry along with the required documents.
(v) 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. No costs.
04.07.2025 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order 6/8
To 1.The District Collector, Collector Office Road, Moovendar Nagar, Villupuram District - 605 602.
2.The Assistant Director of Survey & Land Records, Collectorate Master Plan Complex, Moovendar Nagar, Villupuram - 605 602.
3.The Tahsildar, Marakkanam Taluk Office, Marakkanam, Villupuram District - 605 602.
4.Head Surveyor, Marakkanam Taluk Office, Marakkanam, Villupuram District - 604 303.
5.Surveyor (Marakkanam South Village), Marakkanam Taluk Office, Marakkanam, Villupuram District - 604 303.
6.Village Administrative Officer, Marakkanama South Village, Marakkanam Taluk, Villupuram District - 604 303.
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MOHAMMED SHAFFIQ, J.
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