Madras High CourtWP/25605/2025disposed of

R.Sakthivel v. The District Collector

2025-07-17Honourable Mr.Justice Mohammed Shaffiq5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ R.Sakthivel ... Petitioner Vs.

The District Collector, Salem - 636 001, Salem District.

The Assistant Director, Survey and Land Records, Collector Office Building, Salem - 636 001.

The Thasildar, Taluk Office, Gangavalli Taluk, Salem District - 636 105.

The Head Surveyor, Survey Department, Gangavalli Taluk Office, Gangavalli - 638 105, Salem District.

The Inspector of Police, Thammapatti Police Station, Thammampatti - 636 113, Salem District.

... Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for an issuance of writ of mandamus, to direct the respondents 2 to 4 to survey the lands and fix boundary stones to Survey No.119/2, 119/4, 119/5, 116/5 located in Valakkombai Village, Gangavalli Taluk, Salem District and also issue separate patta within a time frame as stipulated by this Court.

For Petitioner : Mr.P.Kannankumar For Respondents : Mr.S.Balamurugan Government Advocate for R1 to R4 : Mr.R.Kishore Kumar Government Advocate (Crl.side) for R5

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 mandamus to direct the respondents 2 to 4 to survey and fix boundary lines and also issue separate Patta to the lands comprised in Survey Nos.119/2, 119/4, 119/5, 116/5 situate at Valakkombai Village, Gangavalli Taluk, Salem District. The learned Counsel for the petitioner would submit that the petitioner is the absolute owner of the property comprised in Survey

Nos.119/2, 119/4, 119/5, 116/5, situate at Valakkombai Village, Gangavalli Taluk, Salem District, registered as Document No.511 of 2001 dated 19.04.2001.

3.1. It is submitted by the learned counsel for the petitioner that petitioner submitted representation to the third respondent dated 25.06.2024 and 28.06.2024, seeking survey and to demarcate the boundaries of the petitioner's property and had paid necessary charges. However, the same is yet to be considered by the third respondent. Hence the present writ petition has been filed before this Court.

4. Learned Special Government Pleader for the respondents 1 to 4 would submit that they would conduct survey and pass final orders on the petitioner's representation, seeking survey and separate Patta within a reasonable time to be fixed by this Court. It is further submitted that in case police protection is required, they would request the 5th respondent.

5. Mr.R.Kishore Kumar, learned Government Advocate (crl.side), appearing for the 5th respondent would submit that, if any such request is made, adequate police protection will be provided by the 5th respondent herein.

6. In view thereof, the writ petition stands disposed of with a direction to the respondents 2 to 4 to consider the petitioner's representation dated 25.06.2024 and 28.06.2024 and carry out a survey, demarcate the subject property and complete the process within a period of eight (8) weeks from the date of uploading of web copy of the order without waiting for receipt of certified copy, after giving prior notice to the petitioner, adjacent land owners and other interested parties including rival claimants if any. 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. 17.07.2025 veda Index:Yes/No Speaking order/Non-speaking order

MOHAMMED SHAFFIQ, J.

veda To 1.