T.Samathanam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ T.Samathanam, W/o. Late Thangamuthu ... Petitioner Vs.

1.The District Collector, District Collector Office, Tiruppur District - 641 604.

2.The Tahsildar, Tashildar Office, Dharapuram, Tiruppur District.

3.The Assistant Director (Survey and Land Records), Collectorate Building, Tiruppur, Tiruppur District - 641 604.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representations dated 16.12.2024 and 06.01.2025 and consequently, to direct the 3rd respondent to conduct survey and to earmark boundaries in S.No.552/1C2 in Patta No.1770, situated at Suryanallor Village, Dharapuram Taluk, Tiruppur District.

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For Petitioner : Mr.C.S.Jeeva Kuralamudhu 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 the respondents to consider the petitioner's representations dated 16.12.2024 and 06.01.2025 and consequently, to direct the 3rd respondent to conduct survey and to earmark boundaries in S.No.552/1C2 in Patta No.1770, situated at Suryanallor Village, Dharapuram Taluk, Tiruppur District.

3. It is the case of the petitioner that he submitted representations seeking survey and to earmark boundaries of property comprised in S.No.552/1C2, measuring an extent of 0.16 hectare, situated at Suryanallor Village, Dharapuram Taluk, Tiruppur District, on 16.12.2024 and 06.01.2025 and has also paid the appropriate fees. However, nothing has been progressed so far. Aggrieved by the same, the petitioner has approached this Court.

4. On this being pointed out, it is submitted by Mr.A.Selvendran, learned 2/6

Special Government Pleader for the respondents would submit that they would consider the petitioner's representation dated 16.12.2024 and 06.01.2025 and carry out a survey, demarcate the subject property and complete the process within a time frame 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 this writ petition and accordingly, this writ petition is disposed of with following directions:- i) The respondents shall consider the representation/application dated 16.12.2024 and 06.01.2025 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, if any, while considering the application necessary for conducting survey and for fixing boundaries of the subject property. It is also open to the respondents to call for documents to satisfy itself of the petitioner's entitlement for requesting survey and for fixing boundaries of the subject property.

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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. No costs. 01.08.2025 Speaking (or) Non Speaking Order Index : Yes/ No mpa 4/6

To:

1.The District Collector District Collector Office, Tiruppur District.

2.The Tahsildar, Tashildar Office, Dharapuram, Tiruppur District.

3.The Assistant Director (Survey and Land Records) Collectorate Building, Tiruppur, Tiruppur District.

MOHAMMED SHAFFIQ, J.

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