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Madras High CourtWP/25961/2025disposed of

K.Kannan v. The District Collector

2025-07-18Honourable Mr.Justice Mohammed Shaffiq5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Kannan : Petitioner Vs.

1.The District Collector, Villupuram District 605 602 2.The Tahsildar, Land Survey Department, Tahsildar Office, Vikkiravandi Taluk, Villupuram District 607 106 : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the 2nd respondent to take necessary action in the land comprised with Survey Nos.295/-, 296/1A2, 296/2, 296/3, 296/4, 296/7, 296/8, 296/9, 333/1, 333/2, 339/1, 339/3E, 340/1A, 340/1B, 340/2, 340/3, 340/4, 340/5, 340/6, 340/7, 340/8, 340/9C, 340/10A, 340/10B, 340/11, 341/1A, 341/1B, 341/1C, 341/1D, 341/2A, 341/2B and 341/2C situated in Thenper Village Vikkirravandi Taluk, Villupuram District as per petitioner's application dated 13.03.2025 within a time frame.

For Petitioner :

Mr.C.B.Vishnudasan For Respondents : Mr.P.Sathish, Additional Government Pleader 1/5

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 second respondent to take necessary action in the land comprised with Survey Nos.295/-, 296/1A2, 296/2, 296/3, 296/4, 296/7, 296/8, 296/9, 333/1, 333/2, 339/1, 339/3E, 340/1A, 340/1B, 340/2, 340/3, 340/4, 340/5, 340/6, 340/7, 340/8, 340/9C, 340/10A, 340/10B, 340/11, 341/1A, 341/1B, 341/1C, 341/1D, 341/2A, 341/2B and 341/2C situated in Thenper Village Vikkirravandi Taluk, Villupuram District as per petitioner's application dated 13.03.2025 within a time frame.

3. It is submitted by the learned counsel for the petitioner that petitioner submitted an application dated 13.03.2023 before the second respondent seeking to survey and demarcate boundaries in the subject property and has also paid appropriate fees, however, the said application has not been considered so far. Aggrieved by the same, the petitioner has filed the present writ petition. 2/5

4. At the outset, it is submitted by Mr.P.Sathish, learned Additional Government Pleader for respondents that the application dated 13.03.2025 submitted by the petitioner would be considered and appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.

5. In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions: i) The second respondent shall consider the application/representation dated 13.03.2025 in accordance with law, after issuing notice to the petitioner, adjacent land owner and all other interested parties including rival claimants, if any. ii) 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.

iii) The entire process shall be completed/appropriate orders passed within a period of eight (8) weeks from the date of uploading of web copy without waiting for the receipt of certified copy.

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iv) 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.

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

18.07.2025 Speaking (or) Non Speaking Order mrn To 1.The District Collector, Villupuram District 605 602 2.The Tahsildar, Land Survey Department, Tahsildar Office, Vikkiravandi Taluk, Villupuram District 607 106 4/5

MOHAMMED SHAFFIQ, J.

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