G.Sureshbabu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ G.Sureshbabu Petitioner(s) Vs 1.The District Collector, Kallakurichi District, Kallakurichi.
2.The Tahsildar, Chinnasalem Taluk, Kallakurichi District.
3.The Assistant Survey of Land Records, Survey Department, Kallakurichi District, Kallakurichi.
4.The Taluk Surveyor, Chinnasalem Taluk Office, Chinnasalem Taluk, Kallakurichi District.
Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing respondents 2 to 4 to survey and demarcate the property in Survey Nos.591/3, 591 /4 and 591 /7 and issue online patta.
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For Petitioner(s) : Mr.K.Magesh For Respondent(s) : Mr.S.Jayachandran Government Advocate
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 respondents 2 to 4 to survey and demarcate the property comprised in Survey Nos.591 /3,591 /4 and 591 /7 and issue online patta.
3. It is submitted by the learned counsel for petitioner that petitioner submitted a representation on 30.05.2025 to the respondents seeking survey of the property comprised in Survey Nos.591/3, 591/4 and 591/7 and issuance of online patta. It is stated that petitioner has paid the appropriate fees as early as on 21.01.2024, however, survey has not been carried out. Petitioner has once again paid requisite fee on 09.08.2024. It is the case of the petitioner that despite repeated representations, survey has not been carried out till date. Hence, this writ petition.
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4. At the outset, it is submitted by Mr.S.Jayachandran, learned Government Advocate for respondents that representation dated 30.05.2025 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 thereof, the writ petition stands disposed of with the following directions;
i) The respondents shall consider the representation dated 30.05.2025 in accordance with law, after issuing notice and affording a reasonable opportunity of hearing 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, if any, while considering the representation dated 30.05.2025.
iii) The entire process shall be completed within a period of 8 weeks from the date of uploading of web copy without waiting for the receipt of certified copy.
iv) It is made clear that this Court has not expressed any views with regard 3/6
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. 31.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6
To:
1.The District Collector, Kallakurichi District, Kallakurichi.
2.The Tahsildar, Chinnasalem Taluk, Kallakurichi District.
3.The Assistant Survey of Land Records, Survey Department, Kallakurichi District, Kallakurichi.
4.The Taluk Surveyor, Chinnasalem Taluk Office, Chinnasalem Taluk, Kallakurichi District.
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MOHAMMED SHAFFIQ, J.
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