R.Amarendhiran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ R.Amarendhiran : Petitioner Vs.

1.The District Collector, District Collectorate Office, Salem 2.The Tahsildar, 3.The Head Surveyor, : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the respondents to survey and measure by painting survey stones in respect of the properties of the petitioner in SF Nos.2/1 and 3/1 measuring to an extent of 1.85 Acres situated at Ward-D, Block -9, Edapadi Town, Edappadi Taluk, Salem District. 1/6

For Petitioner :

Mr.S.Kaithambalai Kumaran For Respondents : Mr.A.Selvendran, Special 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 respondents to survey and measure by fixing boundary stones in respect of the properties of the petitioner comprised in SF Nos.2/1 and 3/1 measuring an extent of 1.85 Acres situated at Ward-D, Block -9, Edapadi Town, Edappadi Taluk, Salem District.

3. It is the case of the petitioner that he submitted a representation dated 13.05.2025 before the respondents seeking to survey and measure by fixing survey stones in the subject property and also paid appropriate fees. The said representation was not considered so far. Aggrieved by the same, the petitioner has filed the present writ petition.

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4. On this being pointed out, the learned Special Government Pleader would submit that they would consider the petitioner's representation/application dated 13.05.2025 and carry out survey and measure by planting survey stones in the subject property and complete the process within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the 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 respondents shall consider the application/representation dated 13.05.2025 and pass appropriate orders in accordance with law, after issuing notice to the petitioner, adjacent land owners 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 application/representation necessary for conducting survey of subject property. It is also open to the respondents to call for documents to satisfy itself of the petitioner's entitlement for requesting survey of subject property. 3/6

iii) The entire process shall be completed within a period of 8 weeks from the date of uploading of web copy without waiting for receipt of certified copy. 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. There will be no order as to costs.

28.07.2025 Speaking (or) Non Speaking Order mrn To 1.The District Collector, District Collectorate Office, Salem 2.The Tahsildar, 3.The Head Surveyor, 4/6

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MOHAMMED SHAFFIQ, J.

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