Madras High CourtWP/26534/2025disposed of

Sumithra v. The District Collector

2025-07-28Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P. No.29828 of 2025 Sumithra

...Petitioner(s)

Vs.

1.The District Collector, Collectorate, District Headquarters, Nagapattinam District.

2.The Revenue Divisional Officer, RDO Office, Nagapattinam District.

3.The Tahsildar, Taluk Office, Nagapattinam Taluk and District.

4.The Firka Surveyor, Taluk Office, Nagapattinam Taluk and District.

5.The Superintendnent of Police, District Police Headquarters, Nagapattinam District.

6.The Inspector of Police, Nagore Police Station, Nagapattinam District.

...Respondent(s)

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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 subjected to the petitioner's application in 2025/N123/19/002031 rejected by the 4th respondent on 09.06.2025 and quash the same and consequently directing the 4th respondent to survey petitioner's property situated at Panangudi Village, Nagapattinam Taluk, subjected to New Sr.No.306/14 (Old Survey No.179/1A) (Patta No.1093) with an extent of 4145 sq.feet to fix the mets and boundaries within a stipulated time frame fixed by this Court and further directing 5th and 6th respondent to aid police protection at time of survey. For Petitioner(s) : Mr.Krishnasamy Chinnasamy (VC) for Mr.M.Raju For Respondent(s) : Mr.A.Selvendran 1 to 4 Special Government Pleader For R5 and R6 Mr.R.Kishore Kumar Government Advocate (Crl. Side)

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. 2/6

2. The present writ petition is filed praying for a writ of Certiorarified Mandamus challenging the impugned communication dated 09.06.2024 whereby 4th respondent rejected petitioner's application for conduct of survey in respect of property comprised in Survey No.306/14, Old Survey No.179/1A on the premise that there is no patta in favour of the petitioner in respect of the subject property.

3. It is submitted by the learned counsel for petitioner that the above reasoning is contrary to facts inasmuch as in respect of the subject property Natham Patta was issued in the name of petitioner. It was thus submitted by the learned counsel for petitioner that the impugned order suffers from error apparent and is contrary to the facts.

4. In view thereof, the impugned communication is set-aside. The writ petition stands disposed of with a direction to the 3rd respondent to re-consider petitioner's request for survey, and complete the survey if it is otherwise in order within a period of 8 weeks from the date of uploading of web copy without waiting for receipt of certified copy after giving prior notice and reasonable opportunity of hearing to the petitioner, adjacent land owners and other interested parties including rival claimants, if any. It is made clear that this Court has not 3/6

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. Consequently, connected miscellaneous petition is closed. 28.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6

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