S.Selvi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.28022 of 2025 S.Selvi ... Petitioner Vs.
1.The District Collector Salem Collectorate, Salem - 636 001.
2.The Thasildar, Thasildar Office, Salem - 636 401.
3.The Principal Survey Officer, Omalur Taluk, Salem.
4.The Village Administrative Officer, Omalur Taluk, Salem.
5.The Inspector of Police, Tharamangalam Police Station, Omalur Taluk, Salem.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 2 and 3 to survey and to fix four boundaries in my property bearing Survey No.104/3A1A, situated at Mallikuttai Village, Salem District as per the petitioner's representation dated 27.06.2025.
1/6
For Petitioner : Mrs.J.Malathi For R1 to R4 : Mr.A.Selvendran Special Government Pleader For R5 : Mr.R.Kishore Kumar Government Advocate (Criminal 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. The present writ petition is filed praying for a writ of mandamus, to direct the 2nd and 3rd respondent to survey and to fix four boundaries in the petitioner's property bearing Survey No.104/3A1A, situated at Mallikuttai Village, Salem District as per the petitioner's representation dated 27.06.2025.
3. It is the case of the petitioner that she submitted a representation seeking survey of property comprised in S.No.104/3A1A, measuring an extent of 6 Acres and 51 Cents, situated at Mallikuttai Village, Salem District on 27.06.2025 and paid necessary fees to survey and to fix boundaries of the subject property. However, no action was taken by the respondents. Hence, this writ petition.
4. At the outset, it is submitted by Mr.A.Selvendran, learned Special 2/6
Government Pleader for the respondents 1 to 4 that the above representation submitted by the petitioner would be considered and appropriate orders would be passed within a time frame to be fixed by this Court which is agreed to by the learned counsel for petitioner. It is further submitted by the learned Special Government Pleader that in case police protection is required they would request the 5th respondent.
5. When this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar, appearing for the 5th respondent would submit that if any such request is made, adequate police protection will be granted.
6. 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 respondent 1 to 4 shall consider the representation 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 representation 3/6
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.
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 open to the 1st to 4th respondents to request for police protection before the 5th respondent. If any such request is made, the 5th respondent is directed to provide adequate police protection for conducting the survey and for fixing boundaries of the subject property.
v) 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 To:
4/6
1.The District Collector Salem Collectorate, Salem.
2.The Thasildar, Thasildar Office, Salem.
3.The Principal Survey Officer, Omalur Taluk, Salem.
4.The Village Administrative Officer, Omalur Taluk, Salem.
5.The Inspector of Police, Tharamangalam Police Station, Omalur Taluk, Salem.
MOHAMMED SHAFFIQ, J.
mpa 5/6
W.P. No.28022 of 2025 01.08.2025 6/6