Arumugam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

1. Arumugam

2. Saravanan ... Petitioners Vs.

1. The District Collector, Collectorate Office, Puducherry.

2. The Taluk Office, Villianur Taluk Officer's Office, Villianur Taluk, Puducherry UT.

3. The District Surveyor, Villianur Taluk Officer's Office, Villianur Taluk, Puducherry UT.

4. Velumurugan

5. Murugan

6. Shanmugam ... Respondents

Prayer : This petition has been filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, directing the respondents 1-3 to not to survey the land in S.No.125/3, Ariyur Village, Villiyanur Taluk, Puducherry UT, without hearing our objection, based on our objection dated 04.07.2025.

For Petitioners :

Mr. S.C.Vishwanth For Respondents :

Mr. V.Vasanthakumar, Additional Government Pleader (P)

O R D E R

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 the 4th to 6th respondents is dispensed with.

2. The present writ petition is filed praying for a Writ of Mandamus to direct the respondents 1 to 3 to not to survey the land in S.No.125/3,

Ariyur Village, Villiyanur Taluk, Puducherry UT, without hearing the objection dated 04.07.2025.

3. Learned Additional Government Pleader for the respondents would submit that the petitioners' objection dated 04.07.2025 would be considered before proceeding with the survey, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.

4. In view of the limited relief that is prayed, this Court is inclined to dispose of the writ petition with following directions: i) In case any application is submitted for survey of the land comprised in Survey No.125/3, Ariyur Village, Villiyanur Taluk, Puducherry UT, before proceeding with the above request/application, the concerned respondent shall consider the petitioners objection dated 04.07.2025 and conduct an enquiry, after issuing notice to the petitioner, respondents 4 to 6 and any other person seeking survey of the subject property.

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, to satisfy itself of legality of request for survey of subject property.

iii) 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 petitioners and all other interested parties are left open. No costs.

08.08.2025 Index: Yes/No 2/2 Speaking /Non-speaking order Internet : Yes/No Maya

MOHAMMED SHAFFIQ, J.

Maya To

1. The District Collector, Collectorate Office, Puducherry.

2. The Taluk Office, Villianur Taluk Officer's Office, Villianur Taluk, Puducherry UT.

3. The District Surveyor, Villianur Taluk Officer's Office, Villianur Taluk, Puducherry UT.

Dated : 08.08.2025 2/2