Perumal v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Perumal ... Petitioner Vs.
1.
The District Collector, Collectorate, District Headquarters, Thiruvallur District.
2.
The Tahsildar, Taluk Office, Thirutani Taluk & Thiruvallur District.
3.
The Head Surveyor, Taluk Office, Thiruthani Taluk & Thiruvallur District.
4.
The Revenue Divisional Officer, Thiruthani, Thiruvallur Taluk.
[R4-suo moto impleaded vide order dated 17.07.2025 in W.P.No.25647 of 2025 by MSQJ] ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for an issuance of writ of mandamus, to direct the 2nd and 3rd respondents to survey and fix the boundaries of the petitioner's property
situated at Kanchipaadi Village, Tiruvallur District subjected to Natham Survey No.181/12b, 181/13, 181/14a2 with an extent of 0.78 ares, 1.88 ares, 0.60 ares within a time frame fixed by this Court. For Petitioner : Mr.C.Nithiyanandam For Respondents : Mr.P.Sathish 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 2nd and 3rd respondents to survey and fix the boundaries of the petitioner's property comprised in Natham Survey No.181/12b, 181/13, 181/14a2, measuring to an extent of 0.78 ares, 1.88 ares, 0.60 areas, situated at Kanchipaadi Village, Tiruvallur District.
3. It is submitted by the learned counsel for the petitioner that subject property was originally purchased by petitioner's father namely Mr.Natarajan from one Mr.Munusamy Reddy & others along with one Ponniyammal vide registered Sale Deeds dated 28.04.2005 & 30.09.2010. It is further submitted that the petitioner's father passed away on 12.05.2022,
leaving behind petitioner, his mother and his two elder brothers namely, Marimuthu and Sukreevan as legal heirs.
3.1. It is submitted by the learned counsel for the petitioner that an application dated 25.03.2025 was submitted seeking survey and to demarcate the boundaries of the petitioner's property and paid necessary charges. Since the petitioner's application was not considered by the respondents, the present writ petition has been filed before this Court.
4. At the outset, on instruction, it is submitted by the learned Additional Government Pleader that in respect of the subject property, there is a representation pending before the Revenue Divisional Officer, Tiruttani, submitted by one Mr.Seenivasan, who is petitioner's adjacent land owner, seeking cancellation of Patta, which presently standing in the name of the petitioner. Therefore, the learned Additional Government Pleader would submit that in order to ensure certainty and uniformity, the competent Authority to consider the request made by the said Seenivasan, to cancel the Patta and the request made by the petitioner for survey of the subject property is the Revenue Divisional Officer.
5.
In view of the above submission made by the learned Additional Government Pleader, this Court suo moto implead Revenue Divisional Officer, Thiruthani, Thiruvallur District as the fourth respondent in the present writ petition. Mr.P.Sathish, learned Additional Government Pleader takes notice for the impleading respondent.
6.
Learned Additional Government Pleader would further submit, that if petitioner submit a fresh representation for survey in respect of the subject property to fourth respondent /Revenue Divisional Officer, the same would be considered within a time frame that may be stipulated by this Court, which was agreed to by learned counsel for petitioner. 7.
Taking into consideration the facts and circumstances of the case, the materials placed before this Court and the grievance expressed by the petitioner, there shall be a direction to petitioner to submit a fresh representation to fourth respondent / Revenue Divisional Officer along with necessary documents within a period of four weeks from the date of uploading of web copy of the order without waiting for the certified copy and on such request, the fourth respondent is directed to consider the
representation submitted by the petitioner as well as the said Sreenivasan and pass appropriate orders after putting the petitioner as well as the said Sreenivasan and any other interested parties/rival claimants, if any on notice within a period of twelve (12) weeks, thereafter. It is made clear that this Court has not expressed any view 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. No costs.
17.07.2025 veda Index:Yes/No Speaking order/Non-speaking order To 1.
The District Collector, Collectorate, District Headquarters, Thiruvallur District.
2.
The Tahsildar, Taluk Office, Thirutani Taluk & Thiruvallur District.
3.
The Head Surveyor, Taluk Office, Thiruthani Taluk & Thiruvallur District.
4.
The Revenue Divisional Officer, Thiruthani, Thiruvallur Taluk.
MOHAMMED SHAFFIQ, J.
veda 17.07.2025