Sathiyamoorthy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Sathiyamoorthy Petitioner(s) Vs 1.The District Collector, District Collectorate, Dharmapuri District.

2.The Revenue Divisional Officer, Karimangalam Taluk, Dharmapuri District.

3.The Tahsildar, Karimangalam Taluk, Dharmapuri District.

4.The Taluk Surveyor, Karimangalam Taluk, Dharmapuri District.

5.The Inspector of Police, Karimangalam Police Station, Dharmapuri District.

6.Vajram 7.Nagaraj 8.Gandhi Respondent(s) 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 4th respondent herein to survey and demarcate the metes and boundaries of the lands situated in S.Nos.206/1A, 207/2B, 207/2C, 207/3A in Kottumaranahalli Village, Karimangalam Taluk and Dharmapuri District with the aid of the 5th respondent pursuant to application dated 12.03.2025 and subsequently directing the 3rd respondent to issue the patta in the name of the petitioner pursuant to the application dated 16.04.2025, 19.05.2025 and 22.05.2025. For Petitioner(s) : Mr.V.Sivaraman For Respondent(s) : Mr.P.Sathish 1 to 4 Additional Government Pleader For R5 : 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. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to respondents 6 to 8 is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus directing the 4th respondent herein to survey the land comprised in S.Nos.206/1A, 207/2B, 207/2C, 207/3A, situated at Kottumaranahalli Village, Karimangalam Taluk and Dharmapuri District with the aid of the 5th respondent pursuant to application dated 12.03.2025.

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3. It is submitted by the learned counsel for petitioner that petitioner submitted representation on 12.03.2025 to the respondents seeking survey of property S.Nos.206/1A, 207/2B, 207/2C, 207/3A, situated at Kottumaranahalli Village, Karimangalam Taluk and Dharmapuri District. It is stated that petitioner has submitted an online application on 16.04.2025 for sub-division patta transfer. Thereafter, petitioner submitted a representation to the 1st respondent on 19.05.2025 and another representation on 22.05.2025 before the 4th respondent, however, these representations are stated to be kept pending. Hence, this writ petition.

4. At the outset, it is submitted by Mr.P.Sathish, learned Additional Government Pleader for respondents that petitioner's representations seeking survey of subject land and issuance of patta in petitioner's name would be considered and appropriate orders would be passed on merits after issuing notice and affording reasonable opportunity of hearing to the petitioner, adjacent land owners and other interested parties within a time frame to be fixed by this Court. Agreed to by the learned counsel for petitioner. 3/6

5. Mr.R.Kishore Kumar, learned Government Advocate (Crl. Side) appearing for respondent 3 would submit that if any request for police protection is made, adequate protection would be provided for carrying out survey.

6. In view thereof, the writ petition stands disposed of with the following directions:

i) The respondents shall consider the application/representations dated 16.04.2025, 19.05.2025 and 22.05.2025 in accordance with law, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, adjacent land owners and all other interested parties including rival claimants, if any. The concerned authority shall seek police protection, if required. If any such protection is sought for, adequate protection shall be extended by 3rd respondent for carrying out survey.

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/representations dated 16.04.2025, 19.05.2025 and 22.05.2025 seeking survey of subject property and patta transfer in the name of petitioner in respect of subject property.

iii) The entire process shall be completed within a period of 12 weeks 4/6

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 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 To:

1.The District Collector, District Collectorate, Dharmapuri District.

2.The Revenue Divisional Officer, Karimangalam Taluk, Dharmapuri District.

3.The Tahsildar, Karimangalam Taluk, Dharmapuri District.

4.The Taluk Surveyor, Karimangalam Taluk, Dharmapuri District.

5.The Inspector of Police, Karimangalam Police Station, Dharmapuri District.

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MOHAMMED SHAFFIQ, J.

mka 31.07.2025 6/6